KESAR SINGH Vs. STATE OF HP

JUDGEMENT

(1.) This appeal is directed against the judgement dated 3.11.2008 delivered by a learned Single Judge of this Court whereby he rejected the writ petition filed by the present appellant.

(2.) Briefly stated the facts of the case are that the consolidation proceedings in village Kamlah, Mauja Kohla, Tehsil Nadaun, District Hamirpur were conducted in the year 1985 -86. There was some dispute between the appellant and respondents No. 3 to 8. The matters reached head when revision petitions were filed by both sides under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 (hereinafter referred to as the Act). The revision petition filed by appellant Kesar Singh was numbered as 318 of 1997 whereas the revision petition filed by Hari Singh and others was numbered as 201 of 1994. The dispute involved in these cases revolved around Khasra No. 1069 and 1070. Both the cases were remanded by the Director Consolidation to the Consolidation Officer vide order dated 26.3.2002.

(3.) Thereafter the Consolidation Officer vide his order dated 28.08.2002 decided the dispute between the parties on the basis of an agreement arrived at between them. The Consolidation Officer inspected the spot on 17.5.2002 especially with regard to Khasra Nos. 1069, 1070 and 1073. He found that Khasra Nos. 1069 and 1070 had been allotted to Kesar Singh, who had also raised some foundations on Khasra No. 1069. Kesar Singh was also found to have constructed a toilet in Khasra No. 1705 whereas this land had been allotted to the applicants Hari Singh and others. The Consolidation Officer also found that the applicants Hari Singh and others were in occupation of Khasra No. 1704 whereas in the Consolidation record this land was shown to be that of sons of Kesar Singh.