GIAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Single Judge on 10.10.2007 whereby he dismissed CWP No. 1062 of 2005 preferred by the appellants herein.

(2.) THE appellants had filed a writ petition seeking a writ of certiorari for quashing the orders passed by the adjudicatory authority constituted under the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 including the last order passed by the Director.

(3.) IT is further contended that respondent No. 5 was having 11 kanal 12 marlas of Sada land and purchased 17 marlas. If the same is added further in the land of respondent No. 5, his total land will be 12 kanals and 9 marlas and standard area of the same will be 7 kanal and 6 marlas. As per respondents No. 1 to 4 in the orders impugned in the writ petition, the respondent No. 5 is having less area of 0 -6 marlas Sada and 0 -3 marlas standard. Firstly in view of the scheme which is Magna Carta and for the purpose of consolidation, said less allotment of 3 marlas standard ought to have been ignored, secondly it is stated that out of total land of respondent No. 5 ought to have been allowed land from the Khata of the petitioners to the extent of 13 and 1/2 marlas i.e. half of the area of khasra No. 2014, 2015 and 1681. After correction of Khasra No. 2015 from 10 to 5 marlas, total area of khasra No. 2014 and 2015 will be 17 marlas and from old khasra numbers of the petitioners 1681 and 1682, new khasra numbers 1490, respondent No. 5 stand allowed 1 kanal and 2 marlas of the land and he further stand allowed 17 marlas from the land of the petitioners from khasra No. 2014, 2015 and 2231, thus total 1 kanal and 17 marlas of land stand allowed from the land of the petitioners to the respondent No. 5 whereas he was entitled for 17 marlas only. This aspect again stand misread and mis -appreciated by the respondents No. 1 to 4 and is impugned in this appeal.