ASHOK MADAN Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition preferred by Sh. Ashok Madan, petitioner, is directed against the order dated 24.6.1996 in Revenue Appeal No. 223/95 passed by the Commissioner Shimla Division whereby the appeal filed by the present petitioner against the order of Distt. Collector Shimla dated 21.12.1995 was dismissed.

(2.) The facts of the case in brief are that the Assistant Collector 1st Grade Shimla (Rural), reported on 8.7.1994 to the Distt. Collector Shimla that the present petitioner Sh. Ashok Madan had acquired 0 -14 Biswas of land comprising Khasra No. 2429/2148/302 situated in Mauza Patti Rihana Tehsil Shimla from one Sh. Tara Chand, the present respondent No. 2 through the General Power of Attorney dated 27.7.1992, collaboration agreement dated 29.6.1992 and partnership deed dated 1.4.1993 and sale deed dated 21.12.1993, and had constructed 8 stored building in the name of Firm called M/s. A.K. t Madan Enterprises on the land illegally in violation of Section 118(1) of I H.P. Tenancy and Land Reforms Act, 1972, as the said Firm was not I agriculturist, within the State of H.P.

(3.) The learned District Collector Shimla after proceeding in the matter, hearing the parties and examination of record held that the present petitioner Shri Ashok Madan had acquired the land in violation of the provisions of Section 118(1) of the Tenancy and Land Reforms Act, 1972, and accordingly ordered vestment of the land in the State of H.P. free from all encumbrances together with structures building or other attachments if any, vide order dated 21.11.1995.