DES RAJ SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment, dated 18.08.2005 of the learned Single Judge, rendered in C.W.P. No. 315 of 1999.

(2.) Material facts necessary for adjudication of this appeal are that the appellant-petitioner (hereinafter referred to as 'the petitioner' for the sake of convenience) has purchased two adjoining pieces of land, measuring 1652 and 550 sq. mtrs., comprised in Khasra Nos. 788/2 and 789/2 vide registered sale deeds, dated 13.12.1972 and 22.1.1975. The mutation was also attested in favour of the petitioner bearing Nos. 41 and 65, respectively. The settlement operation took place in District Solan. During the course of settlement operation, the boundary 'line Muqabla' Mohal Kather, Solan and Hamra Mohal Saproon was shifted and changed to the detriment of the petitioner, on the pretext that the boundary line between Mohal Kather, Solan and Hamra Mohal Saproon was till then a pencil/Kham (temporary) line. This order was also approved by the Deputy Commissioner-Cum-Settlement Officer, Solan, as per order dated 09.03.1982. In the process, the land of the petitioner, measuring 490 sq. mtrs. was transferred to the State Government. The mutation was also attested on 03.05.1982 bearing No. 145. The land in question was transferred to Block Development Officer, Solan. Similarly, the land of one Sh. Puran Singh and others, measuring 3762 sq. mtrs. was also transferred to the State Government. On 29.03.1993, the Settlement Collector, Shimla came to the conclusion that in case the revenue staff had exercised due diligence, the serious situation would not have arisen. He gave a findings vide order dated 29.03.1993 that this was a mistake of the department and consequently, he permitted the petitioner to make an application to the Government for compensating him for the loss of his land from nearby Government land. The Financial Commissioner Cum-Secretary (Revenue) to the Government of Himachal Pradesh has directed the Deputy Commissioner, District Solan, H.P. on 14.01.1994 to implement the decision rendered in Case No. 53/93, dated 29.03.1993. In sequel to Annexure P-7, dated 14.01.1994, the Deputy Commissioner, Solan recommended the case of the petitioner to Deputy Commissioner, Shimla on 30.03.1994. The relevant text of letter dated 30.03.1994 reads thus:

(3.) The Deputy Commissioner has recommended that the petitioner be given 811 sq. mtrs. land in Khasra No. 1110/268/1, situated in Vaka Mauja Basal, Patti Kather, Tehsil Solan. The Deputy Commissioner, Solan sent another communication to the Divisional Commissioner, Shimla on 06.07.1994. The relevant text of the letter, dated 06.07.1994 reads thus: