SAMKU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Shri Samku Ram has filed this revision petition under section 17 of the Himachal Pradesh Land Revenue Act against the order dated 4 -10 -1983 of the Commissioner, Shimla Division.

(2.) The brief facts giving rise to this revision petition are that the Assistant Collector, 1st Grade, Kalpa vide his order dated nil ordered the ejectment of Shri Samku Ram, petitioner, from the land measuring 0 -2 biswas, comprised in Khasra No M8/i, situated in Chak Kothi. Feeling aggrieved by the order of ejectment, Shri Samku Ram filed an appeal before the Commissioner, Shimla Division, who dismissed the same vide his order dated 4 -10 -1983. The present revision petition has been filed against the orders of tbe Revenue Officers below.

(3.) We have gone through the record of the case and have also heard the arguments advanced by Shri Harsh Khanna, Advocate, Counsel for the petitioner and Shri, Ravinder Sharma, District Attorney (Revenue) who appeared on behalf of the State. The petitioner has taken the ground that the and. in question, was a part of Shamlat land of Chak Kothi and the petitioner being one of the owners in the revenue estate is entitled to occupy a separate portion of Shamlat land as a matter of right The learned Counsel for the petitioner argued that the predecessors -in -interest of the petitioner had exercised this right by constructing a house upon the land, in question Since the old house was in dilapidated condition, the same was built by the petitioner about 9 -10 years ago before filing an appeal before the Commissioner, .Shimla Division It is on record that the petitioner had requested for regularisation of the encroachment but his request had been turned down s nee his possession was not proved to be an old one The Assistant Collector. 1st Grade, ordered the ejectment under section 163 of the Hemachal Pradesh Land Revenue Act and the same had been upheld by the learned Divisional Commissioner as well.