MANGHERU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Full Bench was constituted to reconsider some of the points deckled by a Division Bench of this Court in Bercy Chauhan v. State, ILR (1979) Him Pra 35.

(2.) WE may notice the relevant facts of Civil Writ Petn. No. 219 of 1980. The petitioner was granted land measuring 7 bighas 9 biswas in village Suka Bag, Tehsil Jogindernagar, District Mandi, vide order dated 23rd August, 1972 of the S.D.O. (Civil), Jogindernagar, District Mandi, under the Himachal Pradesh Nautor Land Rules, 1968. Thereafter a patta was issued under Rule 18 (c) on 19th June, 1973. Respondents Nos. 3 and 4 challenged the grant by way of an appeal before The Special Collector, District Mandi. This appeal was dismissed on 27th June, 1975. Though the Special Collector found that the petitioner was holding land in excess of 20 bighas at the time of the grant of the land, he refused to interfere on the ground that the petitioner had already built a house and a shop on a part of the land granted to him. These respondents went in revision to the Divisional Commissioner who by his order dated 16th Feb., 1977 recommended the revision to the Financial Commissioner. The petitioner also appealed against the order of the Divisional Commissioner to the Financial Commissioner. The Financial Commissioner by his order dated 15th July, 1980 revoked the grant to the extent of 4 bighas 9 biswas and allowed the petitioner to retain 2 bighas 9 biswas of land on which he had constructed a shop and a house. He further directed that since the shop had been constructed without authority, the petitioner should pay the prevailing market price of the land. The Financial Commissioner had revoked the grant on the ground that the petitioner had sufficient income and was holding more than 20 bighas of land

(3.) WE allowed other lawyers to intervene in view of the fact that similar points were raised by them in other writ petitions.