MOHAN LAL KALTA Vs. NARAIN DATT

JUDGEMENT

(1.) S/Shri Mohan Lai Kalta and Vipender Lal Kalta have filed this revision petition wherein they have prayed for calling the record of the Settlement authorities and other revenue record of revenue estate Kutu, Pargana Bbamburai Garh, Tehsil Rohru, District Shimla, with a view to order correction thereof with respect to land comprised in Khasra Nos. 648 and 653.

(2.) The petitioners have stated in their petition that recently Settlement Operations have been carried out in Tehsil Rohru and the revenue record has been handed over to the revenue Mohal by the Settlement authorities. The petitioners stated that there has been patent error in the revenue record, which has been committed by the Settlement authorities by deliberate tampering with a view to give undue benefit to Shri Narain Dutt, respondent No. 1. The land comprised in Khasra No. 648 measuring 0 -04 -34 hectares, situated in Mauza Kutu as entered in Khewat No. 93 min, Khatauni No. 210 min, is shown in the Misal Haqiat Bandobast Jadid to be in possession of the petitioners. The nature of the land is shown as Gair Mumkin Makan. The land comprised in Khasra No. 653, measuring 0 -03 -32 hectares entered in Khewat No. 93 min, Khatauni No. 81, situated at Mauza Kutu, is shown in occupation of Respondent No 1, Shri Narain Dutt. The petitioners stated that the demarcating line between Khasra No. 648 and 653 is shown as 16 meters. The position is similar both in the Momi, which is available in the Tehsil office and the Latha, which is available with the Patwari. It has been alleged that after preparation of Latha and Momi from the Musavi, the same was handed over to the officers of Mohal but the original Musavi continued with the Settlement authorities for a period of about 7 months. The petitioners have obtained a copy of the Musavi from the record room and have also obtained copy of field book and found that there was deliberate tampering in the revenue record. The details of tampering in the Momi and field book have been given in their petition, which need not be repeated. They have requested that the original record be called for and appropriate orders for correction be made showing correct dimensions of Khasra Nos. 648 and 653 as were shown in Latha, Momi and Misal Haqiat.

(3.) The District Collector, Shimla, was directed by this Court to inquire into the matter through the Additional District Magistrate (Revenue) and it was further directed that the report should be submitted to this Court through the District Collector. In his letter dated 1611 -1989, the Additional District Magistrate -cum -Collector, Shimla, reported that the Settlement authorities had not associated with the inquiry and as such suitable directions are required to be issued to the Settlement Officer and the concerned Tehsildar in this regard. Accordingly, the concerned officers were directed to give all assistance. Finally, the Additional District Magistrate -cum -Collector, Shimla, has submitted his report, which is available on the file. 4 After the perusal of the report submitted by the learned Additional District Magistrate -cum -Collector, we are of the opinion that tampering has been done in Musavi while the entries in the Momi and Latha have not been altered. The cuttings in the field book are an ample testimony to the fact that effort was made to change the Karukan in the Field Book but Istakhraj Rakba was kept the same. Original entries in the Field Book are in accordance with the entries appearing in the Latha and Momi. The submissions made by the petitioners are supported by the report of the learned Collector and the record. In the ordinary course, we would have asked for thorough inquiry and the registration of a criminal case against the culprits but that is not going to help the petitioners. In order to give relief to the petitioners, we have considered it appropriate to order the correction in the Musavi on the basis of which the entries made in the Latha and Momi. We are aware of the fact that Latha and Momi are secondary record but in the absence of the authentic primary record of Musavi (which is tampered and altered), we have no option but to depend upon the entries made in the Latha and Momi. The revision petition is accepted and the learned Settlement Collector is directed to call for the original Musavi from the Record Room and get the corrections made in it on the basis of the entries made in the Latha and Momi under his own supervision. He should report compliance within a period of three months from the receipt of the copy of this order under intimation to the parties. To be communicated. Revision accepted.