LALIT SEN Vs. STATE

JUDGEMENT

(1.) Aggrieved from the judgment dt. 26-7-1971 passed in C.W.P. No. 17 of 1969, the appellant has filed the present appeal. The appellant is a landowner in the State of Himachal Pradesh. The Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter called the Act) was enforced in Himachal Pradesh from 26-1-1955. Under S.27 of the Act certain landowners were to be divested of their ownership rights and the right, title and interest of these owners in the land was to vest in the State Government free from all encumbrances provided the landowner was holding land with an annual land revenue which exceeded Rs. 125/- per year. Mutations regarding the transfer of ownership rights were to be sanctioned under S.27 of the Act read with the rules framed under S.18 of the Act. Two mutations Nos. 1789 and 1790 were attested with respect to the land of the appellant by Tehsildar, Sunder Nagar on 27-6-1963 and 28-6-1963 respectively with the result that the land of the appellant measuring 348 bighas and 8 biswas vested in the State Government.

(2.) The appellant preferred appeals against the orders of the Tehsildar to the Collector and the Collector vide his order dt. 4-1-1964 quashed the orders of the Tehsildar and remanded the cases for further enquiry. After remand the Tehsildar sanctioned the mutations with respect to 33 bighas 6 biswas of land of the appellant in favour of the State and allowed the remaining land to remain in the ownership of the appellant.

(3.) Aggrieved from the orders of the Tehsildar the appellant again filed appeals before the Collector and the Collector Mandi vide his order dt. 28-7-1964, set aside all the previous orders and restored the original orders of the Tehsildar dt. 27-6-1963 and 28-6-1963 with the result that the land measuring 348 bighas and 8 biswas of the appellant vested in the State Government. Aggrieved from the orders of the Collector, the appellant filed revision petitions before the Financial Commissioner, Himachal Pradesh and the Financial Commissioner vide his orders dt. 21-3-1965 quashed the orders of the Collector and remanded the cases to the Collector for a fresh decision. After this remand the Collector Mandi vide his orders dt. 1-8-1966 accepted the appeals of the appellant and quashed the orders passed on 3-4-1964 by the Tehsildar. By virtue of the order of the Collector dt. 1-8-1966 the appellant remained the landowner of the land and no land of the appellant vested in the State Government.