RAMA NAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this order I would dispose of both the review cases as they refer to similar facts and points in issue.

(2.) Briefly speaking the facts of the case are that Shri Rama Nand and Shri Kishori Lai had originally applied before the Deputy Commissioner, Mahasu for sanction of Nautor lands for 9 -6 bighas and 9 -12 bighas respectively in the Revenue Estate Milion. The Deputy Commissioner in separate orders dated 25th May, 1964 sanctioned Nautor in favour of both these persons of areas as applied for by them. Shri Rama Nand was thus sanctioned Nautor in Kharsa No. 1015/83/1 and Shri Kishori Lal in Khasra No. 1015/83/2. While Shri Rama Nand and Kishori Lal had applied for land in village Milion, the other two persons, namely Shri Jiwanu Ram and Shri Dhan Sukh who were harijans had applied for Nautor in the same area and their applications had been submitted prior to the applications of Shri Rama Nand and Shri Kishori Lal.

(3.) Since Shri Jiwanu Rams case had been decided favourably by the Deputy Commissioner, he went in appeal before the Financial Commissioner (there was no Divisional Commissioner at that time). The learned Additional Financial Commissioner for a fresh decision by giving opportunity to all the parties to present their cases. The Deputy Commissioner, Mahasu them in his order dated 29414967 considered the applications of all the four persons. He then decided that the previous allotments to Shri Rama Nand, Shri Kishori Lai should be reduced to 5 bighas each. He simultaniously sanctioned Nautor in favour of Shri Jiwanu Ram and Shri Dhan Sukh at the rate of 2 bighas each.