JAGAT RAM Vs. KARTAR CHAND

JUDGEMENT

(1.) This revision petition preferred under Section 17 of H.P. Land Revenue Act by the petitioner Shri Jagat Ram, is directed against the order dated 29.1.2003 passed by the Deputy Commissioner, Una exercising the powers of Commissioner under the H.P. Land Revenue Act whereby the appeal filed by the present petitioner against the order dated 13.9.2001 of the Assistant Collector Ilnd Grade was accepted and case was remanded to the Assistant Collector with the direction to dispose of the mutation in the light of the observations of the learned Commissioner in his order under challenge.

(2.) The facts of the case in brief are that on the basis of a registered Will made by one Shri Prema resident of Bhera, Tehsil Amb, the Patwari entered a mutation No. 241 of Village Bhera in respect of the estate of the deceased Prema in favour of the present respondents named S/Sh. Kartar Chand, Ashok Kumar and Shri Dinesh Kumar. The Assistant Collector II Grade, vide an interim order dated 22.7.1999, ordered the mutation to be kept in abeyance till the decision of a civil suit pending between the parties.

(3.) Against this order of the Assistant Collector II Grade, the present respondents filed revision petition before the Sub -Divisional Collector, Amb on the grounds that the Assistant Collector II Grade could not keep the mutation in abeyance without any cogent reasons as the said mutation was of the succession of the deceased which could not be kept pending especially when there was no time limit fixed for the decision of the civil suit.