KUNDAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition has been filed under Section 20 (3) of the H.P. Ceiling and land Holding Act, 1972, against an order passed by the Collector Sub -Division Rohru Distt. Shimla on 28.9.1992 whereby the learned Collector have vested 355.9 Bighas of surplus Land of the petitioner in the State Government and a subsequent order dated 3.12.2002 whereby the collector, on an application of the petitioner refused to re -call the order dated 28.9.1992.

(2.) Brief fats of the case are that vide an order dated 6.1.1975 the Collector Sub -Division Rohru had vested 355.9 Bighas of land of Sh. Kundan Singh Petitioner, situated in revenue villages Dhadi and Kuddu. Tehsil Jubbal Distt. Shimla in the State Government under the provision of the H.P. Ceiling and Land Holdings Act, 1972. Certain persons who had bought land from Sh. Kundan Singh in the years 1973 and 1974 preferred appeals before the Divisional Commissioner H.P. at Shimla praying that the land sold to them by Sh. Kundan Singh through registered sale deeds were bonafide transfer and therefore should not have been included in the land - declared surplus by the Collector. The learned Divisional Commissioner after hearing the appellants, held that the Collector and wrongly declared as surplus the land which had been purchased by the appellant under registered sale deeds from Shri Kundan Singh, particularly as sufficient land is left with Shri Kundan Singh in his own holding which has been allowed as his permissible area. He accepted the appeals vide his order dated 26.2.1976 and remanded the case back to the Collector. Sub -Division, Rohru for deciding the case afresh in accordance with the provisions of the Act ibid.

(3.) The matter remained pending with the Collector, Sub -Divisions, Rohru for about sixteen years i.e. till the year 1992 and was ultimately decided by him vide the impugned order dated 28.9.1992 wherein the learned Collector held that Shri Kundan Singh had sold land measuring 32.9 Bighas comprised in khasra No. 197/1/1 situated in Chak Kuddu, Tehsil Jubbal to Shri Madhwa Nand & Ors. Vide registered sale deed No. 69 dated 14.11.1972. Similarly land comprised in Khasra No. 197/1/2 measuring 30 -18 bighas situated at the same revenue village to Sh. Rama Nand vide sale deed No.6 dated 17.1.1973. The Collector held that since these parcels of land have been alienated after the appointed day i.e. 24.1.1971 these are to be included in the holding of Shri Kundan Singh which he has to retain after declaration of surplus area. The learned Collector further held that on being giving an opportunity to retain permissible area, Shri Kundan Singh preferred to retain 161.1 Bigha, the details of which have been stated in the impugned order. Shri Kundan Singh filed an application on 26.12.2001 before the Collector Sub -Division Rohru praying that the order dated 28.9.1992 may be recalled and he may be heard thereupon. The learned Collector rejected the same on 3.12.2002 on the grounds that there exists no provision under law to re -call the same. The petitioner has hence filed the present revision petition against the orders dated 28.9.1992 and 3.12.2002.