DHARAM CHAND Vs. STATE

JUDGEMENT

(1.) The petitioner, Dharam Chand, a resident of Mauza Sujana Pargana Satrol, Tehsil and District Shimla, instituted the present writ petition under Article 226 of the Constitution on November 2, 1985 seeking relief in respect of a Gharat situate in the village aforesaid in Khata/Khatauni 12 min/24, Khasra No. 210 (0.3 biswas). The case of the petitioner is that the 3rd respondent, Dhani Ram, was paying Rs i 6 to the petitioner yearly by way of licence fee for the use of the Gharat. At the back of the petitioner, however, the Assistant Collector, Shimla, granted proprietary rights to the said respondent through his order dated August 12, 1976 under section 104 of the H P Tenancy and Land Reforms Act, 1972. The petitioner felt aggrieved and assailed the order in a revision petition before the Collector Shimla objecting to the grant of proprietary rights on the ground, inter alia, that the Gharat did not fall within the definition of land nor had it been let out for agricultural purpose or for purposes subservient to agriculture. The Collector dismissed the revision The petitioner then approached the Financial Commissioner by filing a further revision petition which too was dismissed.

(2.) A copy of the order of the Financial Commissioner has been appended as Annexure P/F to the petition which is an order passed in Revenue Revision No. 9/81 decided on May 27, 1985 A perusal of the order shows that in para 5, the Financial Commissioner posed for determination the question whether there was a relationship of landowner and tenant between the parties and whether Gbarat could be treated as land within the definition contained in section 2 (7) of the Act. He came to the conclusion, on the basis of the material on record, that the respondent had been recorded as a non -occupancy tenant on payment of annual rent of Rs. 16 On this basis, it was concluded by the Financial Commissioner that the relationship of landlord and tenant existed between the parties and that on account of being a non -occupancy tenant, the respondent was entitled to the grant of proprietary rights.

(3.) The Financial Commissioner proceeded to say that : ".........While it is true that the land is used as a Gharat and Gharat has not been specifically included in the definition of land under section 2 (7) of the Act, but broadly speaking it comes within the scope of land which is subservient to agriculture as Gharat is used for grinding wheat and maize etc. into flour and wheat and maize etc are agriculture produce........." The aforesaid extract of the order passed by the Financial Commissioner shows misconception about the legal position.