BHAJAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) This judgment will decide two writ petitions No. 638 of 1986 and 624 of 1988 as both of them arise out of the common facts and common orders passed by the revenue authorities at different stages pertaining to the grant of Nautor Land to both the petitioners separately and which grants of the petitioners were challenged on the common grounds by the Estate right -holders (who are the petitioners in the subsequent writ petition). The earlier writ petition No. 638 of 1986 has been filed by the petitioners whereas later writ petition No. 624 of 1988 has been directed by the Estate right -holders -objectors The petitioners in the earlier writ petition seek the quashing of Annexure P -10 dated 16 -1 -1984 and Annexure P -15 dated 29 -4 -1986 passed by the Additional Deputy Commissioner, Shimla, setting aside the grants of nautor land to both the petitioners and for resumption of nautor land so granted to the government; And subsequently, on appeal the learned Divisional Commissioner accepting the appeal partially and restoring the grant of 3.17 bighas and 7.11 bighas of land to the petitioners Bhajan Dass and Talli Ram out of the original nautor land so sanctioned in their favour by the Revenue Assistant, Rohru, vide his order dated 6 -8 -1974 respectively.

(2.) In subsequent Civil Writ Petition No. 624 of 1988 the Estate Right - holders seek quashing of orders of Divisional Commissioner dated 29 -4 -1986 and that of the Financial Commissioner, dated 27 -5 -1988, affirming the order of the Divisional Commissioner, Annexures P -6 and P -7 respectively. Annexure P -6 corresponds to Annexure PI 5 in the earlier writ petition but no corresponding Annexure P -7 has been appended to with the earlier writ petition.

(3.) To appreciate the rival contentions of the parties in both the writ petitions, the narration of material facts would be absolutely essential.