SATYA PAL Vs. RATTAN CHAND

JUDGEMENT

(1.) This revision petition filed by Shri Satya Pal s/o Sh. Daya Ram r/o near Janta Bakery Ward No. 6 Hamirpur (H.P.) is directed against the order dated 23.1.1999 passed by the learned Commissioner Mandi Division whereby revision petition of the present petitioner was dismissed.

(2.) The facts of the case in brief are that the Assistant Collector 1st Grade Tehsil Hamirpur initiated eviction proceedings against the petitioner on the report of the Patwari Halqua who had reported that the petitioner had encroached upon the Gou. land comprised in Khasra No. 1385/1 measuring 15.60 Sq. Mtr. In up -Mohal Gaura. Tehsil and Distt. Hamirpur. The Assistant Collector 1st Grade called for a report from the Assistant Collector Ilnd Grade Hamirpur on the purported encroachment by the petitioner, and the report was submitted by him of 23.10.1993. The petitioner insisted and prayed the Assistant Collector 1st Grade himself to visit and demarcate the land in question to ascertain the factum of actual encroachment by the petitioner on the Govt. land. The Assistant Collector 1st grade himself visited the spot on 2.7.1994. demarcated the land and came to the conclusion that the land under encroachment of the petitioner was very minor and negligible area measuring only 1 Sq. Mtr. and he consequently dropped the eviction proceedings against the petitioner by his order dated 1.8.1994. Sh. Rattan Chand respondent No. 1 assailed this order before the Collector Sub -Division Hamirpur on the grounds that the land in question measures 15.60 Sq. Mtrs. and the same is situated onthe Dharamshala Shimla National Highway and commanded market value of more than Rs. 25000/ -. It was accordingly prayed that the Assistant Collector 1st Grade wrongly and illegally dropped the eviction proceedings against the petitioner.

(3.) The collector after hearing the parties and going through the record accepted the appeal and directed that the petitioner be evicted from the land on the ground that the Govt. land in question was very valuable and situated in the heart of the Town, adjoining to the road. An appeal was filed against this order before the Commissioner Mandi who dismissed the same by passing the order under challenge in the present proceedings before us at the instance of Sh. Satya Pal.