LALMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER submitted an application for the grant of Nautor land on 16.7.1969 to the Sub Divisional Officer (Civil), Sarkaghat. He rejected the application on 19.1.1972. Petitioner preferred an appeal before the Deputy Commissioner, Mandi. He allowed the same on 27.6.1973 and the case was remanded back to the Sub Divisional Officer (Civil), Sarkaghat. The Sub Divisional Officer (Civil) again rejected the case on 4.8.1993. Petitioner filed an appeal before the Deputy Commissioner, Mandi. He allowed the same on 19.12.1994. Consequently, the Sub Divisional Officer (Civil), Sarkaghat sanctioned Nautor land in favour of the petitioner comprising Khasra No. 745/1 measuring 0 -40 -00 hectares situated in Muhal Sherpur, Tehsil Dharampur on 7.10.1995. Respondents No. 3 to 5 filed an appeal against the order dated 7.10.1995 before the Deputy Commissioner, Mandi vide Nautor Appeal No. 3. The Deputy Commissioner, Mandi allowed the same on 1.5.2000. According to him, land in dispute was Dhank and not fit for cultivation and the petitioner has not cultivated the land within a period of two years after the grant. Petitioner filed an appeal before the Additional Commissioner (Appeals) bearing Appeal No. 60/2001 against the order dated 1.5.2000. The Additional Commissioner (Appeals) allowed the appeal on 10.7.2001 and remanded the matter to the Deputy Commissioner, Mandi. Deputy Commissioner, Mandi allowed the appeal on 12.7.2004 upholding the grant made by the Sub Divisional Officer (Civil), Sarkaghat vide order dated 7.10.1995 in favour of the petitioner. Respondents No. 3 to 5 filed an appeal before the Divisional Commissioner, Mandi Division, Mandi. He dismissed the same on 15.2.2010. Respondents No. 3 to 5 filed a Revision No. 123/2010 before the Financial Commissioner (Appeals). He allowed the same on 19.7.2013. According to him, neither the Sub Divisional Officer (Civil), Sarkaghat nor the Deputy Commissioner, Mandi was competent to grant Nautor in favour of the petitioner. According to him, grant of Nautor was void ab initio. Order of the Deputy Commissioner, Mandi dated 12.7.2004 and the Divisional Commissioner, Mandi Division, Mandi dated 15.2.2010 were set aside. Hence, the present petition.

(2.) RESPONDENTS No. 1 and 2 have filed the reply. There is a reference to various instructions issued from time to time governing the grant of Nautor. The sum and substance of the reply is that Nautor land has been sanctioned when there was complete ban as per order dated 19.3.1990. Respondents No. 3 to 5 have filed the reply. They have supported the decision of the Financial Commissioner (Appeals) dated 19.7.2013.

(3.) WHAT emerges from the facts enumerated hereinabove is that the Sub Divisional Officer (Civil) has sanctioned the Nautor land in favour of the petitioner comprising Khasra No. 745/1 measuring 0 -40 -00 hectares situated in Muhal Sherpur, Tehsil Dharampur on 7.10.1995. The Deputy Commissioner, Mandi has cancelled the same in an appeal filed by respondents No. 3 to 5 on 1.5.2000. According to him, petitioner has not cultivated the land and it was a Dhank. Petitioner has filed an appeal before the Additional Commissioner (Appeals). He allowed the same and remanded the matter back to the Deputy Commissioner, Mandi on 10.7.2001. The Deputy Commissioner, Mandi has held that petitioner was duly eligible. Respondents No. 3 to 5 could not be issued any permit after the Nautor has been sanctioned in favour of the petitioner vide order dated 12.7.2004. Order dated 12.7.2004 was upheld by the Divisional Commissioner, Mandi Division, Mandi on 15.2.2010. He has taken into consideration the contention raised by the private respondents that petitioner has encroached upon the Government land measuring 10 -0 -0 bighas. He has referred to the entry made in the column of cultivation as per copy of Jamabandi for the year 1999 -2000, i.e. "Kabja Malik Tabbe Haquk Bartandaran Mutabik Naqusha Bartan". According to these entries, respondents No. 3 to 5 had only user rights to cut the grass etc. from the land. The fact of the matter is that once the nautor has been sanctioned in favour of petitioner on 7.10.1995, those rights stood extinguished. Financial Commissioner (Appeals) while allowing the revision preferred by respondents No. 3 to 5 has relied upon instructions issued on 7.1.1975 whereby the powers of revenue officials to sanction nautors, except in favour of harijans and agricultural landless labourers was withdrawn. Thereafter, clarification was issued by the State Government for the grant of Nautor on 24.12.1980. According to this, land could be granted only in the tribal areas of the State and for other districts and areas only for construction of residential house, cow -sheds and Gharats etc. The ban was lifted vide Government letter dated 26.12.1989. Complete ban was imposed on 19.3.1990. Financial Commissioner (Appeals) has not taken into consideration the subsequent letter issued on 1.9.1993 wherein letter issued on 19.3.1990 has been clarified. Text of letter dated 1.9.1993 reads as under: