HET RAM Vs. NARAINOO

JUDGEMENT

(1.) I. A. S -Ex parte proceedings are ordered against the respondents, who are not present despite service affected by beat of drum in the locality.

(2.) I have heard the learned Counsel for the petitioners and also perused the record of the case. The learned Sub -Divisional Collector, Kandaghat vide his order dated 26 -2 -1991 has recommended the revision to this court for setting aside the order dated 21 -1 -1976 passed in Mutation No. 76 and appropriate directions. The perusal of the record reveals that the Mutation No. 76 pertaining to village Jakhdriun, Tehsil Kandaghat was attested by the Assistant Collector, II Grade on 21 -1 -1976 whereby proprietary rights were conferred upon the predecessor -in -interest of the respondents No. 1 to 7 under section 104 of H. P. Tenancy and Land Reforms Act, 1972 (hereinafter called the Act). For the orders passed under section 104 of the Act, there is provision for appeal and revision under section 114 of the Act The appeal against the order of Assistant Collector, II Grade lies with the Collector within a period of 30 days provided that the Collector may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. There is no provision for making a reference to this court by the learned Collector. As such, the learned Collector, Sub -Division, Kandaghat, was not competent to treat the appeal filed before him as revision and to make a reference to us. In view of this position, the reference made by the learned Sub -Divisional Collector is not maintainable. However, in the interest of justice, the case is sent back to the Collector, Kandaghat Sub -Division, for deciding it as an appeal if he is satisfied that the appellants were prevented by sufficient cause from filing the appeal in time before him. The petitioners/appellants are directed to appear before him as and when they get notice from thatcourt. Announced. Order accordingly.