SHIV RAM THROUGH HIS LRS. Vs. KRISHAN SINGH

JUDGEMENT

(1.) This revision petition preferred by Sh. Shiv Ram and 2 others under Section 114 of H.P. Tenancy and Land Reforms Act, is directed against the order dated 18.1.1984 passed by the Divisional Commissioner Mandi whereby she rejected the appeal filed by present petitioner by affirming the order of the District Collector, Bilaspur.

(2.) The facts of the case in brief are that Shri Krishan Singh the present respondent made an application to the Land Reforms Officer Ghumarwin for resumption of land which was dismissed in default on 8.4.1976 by the Land Reforms Officer, Ghumarwin. He made another application for setting aside the dismissal order dated 8.4.1976 which was also dismissed by the Land Reforms Officer vide order dated 19.11.1977 holding that the present respondent should have applied for restoration of the order instead of praying for "setting aside the aforesaid order and secondly the said application was not within the limitation.

(3.) Against this order of the Land Reforms Officer dated 19.11.1977, Shri Krishan Singh the present respondent filed an appeal before the Distt. Collector Bilaspur on the grounds that he was not afforded any opportunity of hearing by the Land Reforms Officer and that he being an literate person could not distinguish between restoration and setting aside the ex parte proceedings.