KAKU RAM Vs. RAMESH NATH JOSHI

JUDGEMENT

(1.) Shri Kaku Ram has filed this appeal under the Himachal Pradesh Nautor Land Rules. 1968 against the order dated 25 -2 -1992 of the Commissioner, Shimla Division.

(2.) The brief facts leading to the present appeal are that Shri Kafcu Ram, appellant was granted nautor land comprised in Khasra No. 63/11/1, measuring 6 8 -10 bighas, situated in village Kalyan, Tehsil Solan, now Kasauli, District Solan Thereafter, Patta was issued in his favour on 12 -10 -1971 after he deposited the Nazrana. Aggrieved by this order, Shri Ramesh Nath Joshi and others filed review petition before the Deputy Commissioner, Solan on 9 -5 -1989 The application for condoning the delay was allowed on 26 -3 -1990. The review petition was heard and the same was dismissed by the Deputy Commissioner, Solan vide his order dated 10 -6 -1991. Feeling dissatisfied with the order of the learned Deputy Commissioner, Solan, Shri Ramesh Nath Joshi and others filed an appeal before the Commissioner, Shimla Division, who vide his order dated 25 -2 -1992 partially accepted the appeal and modified the order of the learned Deputy Commissioner to the extent that the area of water source and path leading to the water source be deleted from the grant so that the residents of area could enjoy the rights in accordance with ˜Rewaj Ab Pashi. Shri Kaku Ram has filed an appeal against this order.

(3.) We have beard the parties and have also gone through the record. The perusal of record reveals that the nautor land had been sanctioned in the year 1970 and the present respondents filed an appeal after the lapse of about 20 years. Patta had been issued in favour of Shri Kaku Ram and mutation had also been attested in his favour. The learned Commissioner rightly observed that it was not proper to cancel the grant of nautor land at this stage. However, the question, which required determination was regarding rights of the residents to use water for irrigation and drinking purposes The Tehsildar Kasauli, who had visited the spot on 21 -1 -1984, had recommended that either the grant be cancelled or path leading to water source and the area of water source be set apart in order to facilitate the enjoyment of water rights to other residents. However, the learned Deputy Commissioner, Solan expressed no opinion on the plea that the case was subjudice. The parties did not refer to any directions of the Civil Court in this regard, though they mentioned that the case is still pending. The orders of the Civil Court would be binding and these can be implemented as and when made. The learned Divisional Commissioner did right thing in ordering the deletion of the area of water source and path leading to water source from the grant so that the residents could enjoy their rights in accordance with Rewaz Ab Pashi. Since the order of the learned Commissioner, Shimla Division, is well reasoned, we find no reason to interfere with the same. Accordingly,, the appeal filed by Shri Kaku Ram is dismissed. Order be communicated. Appeal dismissed