JYOTI RAM Vs. HOSHIAR SINGH

JUDGEMENT

(1.) Shri Jyoti Ram and others have filed this appeal under Rule 28 of Himachal Pradesh Nautor Land Rules against the order dated 30 -10 -1991 of the Commissioner, Mandi Division.

(2.) The facts of the case briefly stated are that Shri Hoshiar Singh, respondent, made an application on 12 -4 1985 for grant of 7 biswas of land comprised in Khasra No. 342/197/K situated in Mohal Dohak, Pargana Sunhani, Tehsil Ghumarwin, District Bilaspur, for the construction of a house. The Sub -Divisional Officer (Civil), Ghumarwin, after processing the application, granted this piece of land vide his order dated 23 -11 -1985. Feeling dissatisfied with this order, Shri Kartar Singh son of Shri Sher Singh, filed an appeal before the Deputy Commissioner, Bilaspur, who vide his order dated 28 -10 -1986 remanded the case to the Sub -Divisional Officer (Civil), Ghumarwin, for fresh decision after spot inspection and after giving an opportunity of being heard to the parties. The Sub -Divisional Officer (Civil), Ghumarwin, after inspection of the spot, reduced the grant to 4 biswas vide his order dated 26 -8 1988. On the objection of S/Shri Jyoti Ram and others (present appellants), the Deputy Commissioner, Bilaspur vide his order dated ! 1 -11 -1988 ordered the Sub -Divisional Officer (Civil), Ghumarwin, to decide the case again after spot inspection and hearing the objectors. After spot inspection and hearing the parties, the Sub -Divisional Officer (Civil), Ghumarwin, granted Government land measuring 4 biswas. comprised in Khasra No. 354/189/1, situated in Mauza Dohak In lieu of Khasra No. 342/197/1 vide his order dated 16 -2 -1989. S/Shri Roshan Lal, Chandu Ram etc objected to this grant and Shri Hoshiar Singh also submitted an application to the Deputy Commissioner, Bilaspur, to reconsider the case and uphold the order dated 26 8 1988 already passed by the Sub -Divisional Officer (Civil), Ghumarwin. The Deputy Commissioner, Bilaspur vide his order dated 29 -5 198 remanded the case for fresh inquiry. The Sub Divisional Officer (Civil), Ghumarwin vide his order dated 7 -8 -1989 upheld his own order dated 16 -2 -1989 vide which land measuring 4 biswas comprised in Khasra No. 354/189/1, situated in Mohal Dohak had been granted to Shri Hoshiar Singh. Feeling aggrieved with this order, Shri Hoshiar Singh filed an appeal before tae Deputy Commissioner, Bilaspur, who vide his order dated ll -10 -1989 dismissed the appeal Shri Hoshiar Singh preferred an appeal against the order dated 11 -10 -1989 of the Deputy Commissioner before the Commissioner, Mandi Division. After hearing the parties, the learned Commissioner, Mandi Division, came to the conclusion that the area measuring 7 biswas be reduced to 2 biswas only by excluding the area of common use after spot inspection by the Sub -Divisional Officer (Civil), Ghumarwin. Thus he accepted the appeal vide his order dated 30 -10 -1991 to this extent and remanded the case to the Deputy Commissioner, Bilaspur, with the directions that only 2 biswas of land may be allotted to Shri Hoshiar Singh out of the land comprised in Khasra No. 342/197/1, situated in village Dohak, Pargana Sunhani. Tehsil Ghunarwin, District Bilaspur, sanctioned by the Sub Divisional Officer (Civil), Ghumarwin vide his order dated 23 -11 -198 . Shri Jyoti Ram and others have come in appeal against this order dated 30 -104991 of the learned Commissioner, Mandi Division.

(3.) We have gone through the record of the case very carefully and have also gone through tbe written arguments tendered by both the parties. The appellants have taken the plea that there are water source and water source in the land comprised in Khasra No. 342/198/1. The objections raised by the appellants are not tenable since the learned Divisional Commissioner, in his order dated 30 -10 -1991 has remanded the case with the observations that the area has to be reduced from 7 biswas to 2 biswas by excluding the area of common use after spot inspection. This order is not causing any injustice to the appellants. As much, we find no force in the grounds of the appeal and we proceed to dismiss the same. The order dated 30 -10 -1991 of the learned Commissioner, Mandi Division, is upheld. To be communicated. Petition dismissed