PREM CHAND Vs. DINU RAM

JUDGEMENT

(1.) This revision petition has been filed under Section 17 of the HP. Land Revenue Act against an order of the Commissioner (Revenue) Himachal Pradesh dated 23.10.2001 whereby he has upheld an order of the Collector Distt. Kullu dated 31.10.1986.

(2.) Brief facts of the case are that after the death of one Sh. Kesho Ram who was the Kardar of Devta Chaman Rishi, Sh. Dashmi Ram, the father of the present petitioner, was appointed as the Kardar. After the death of Sh. Dashmi Ram, the Distt. Collector Kullu, on the recommendations of the Naib Tehsildar Kullu, appointed Sh. Dinu, the present respondent, as the Kardar vide an order dated 31.10.1986. The present petitioner filed an appeal against this order before the learned Commissioner (revenue) HP. The appeal was filed on the grounds that the petitioner has applied through his mother for appointment as Kardar vide an application dated 27.7.1984 after the demise of his father but the Distt. Collector Kullu did not consider the same. According to the petitioner he was entitled for the appointment as the Kardar on the basis of his hereditary claim and Wajib -ul -arj1. It was further claimed that no opportunity was granted to him by the Distt. Collector and also that the respondent had agreed before the Distt. Collector that as and when the petitioner attains majority, he will relinquish the post of Kardar in favour of the petitioner. After hearing the matter, the learned Commissioner dismissed the appeal vide an order dated 23 10.2001 and it is against this order the petitioner has Tiled the present petition.

(3.) The record of the courts below was called for and examined. Both the parties filed their written arguments which were taken on record and perused.