BHAGTU (DECEASED) THROUGH LRS Vs. URMILA DEVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against an order dated 22.8.2002 passed by the learned Additional Deputy Commissioner Kangra, exercising the powers of Commissioner whereby he had dismissed an appeal filed by the present petitioner against an order of the Settlement Officer (Consolidation) dated 15.9.1997, exercising the powers of Collector. The Settlement Officer had, vide the said order dated 15.7.1997, accepted an appeal of the present respondents against an order of the Consolidation Officer -cum -Assistant Collector First Grade dated 28.12.1996.

(2.) Brief facts of the case are that the Consolidation Officer -cum -Assistant Collector First Grade, on an application of the present petitioner, ordered the correction of the revenue entries pertaining to the land in dispute incorporated during Settlement operations of the village Kandhal, Mauza Dhameta, Tehsil Fatehpur, District Kangra. The Assistant Collector held that prior to the Settlement operations, the land in dispute was recorded in the possession of the present respondent and one Sh. Kamal Singh s/ o Sh. Sant Ram in equal shares as a gair maurusi doem under one Sh. Dharmu who was recorded as gair maurusi awal since 1951 -52 till 1975 -76 while these entries have been deleted during Settlement. According to the Assistant Collector, the entries qua the column of possession as existing prior to Settlement had been deleted without the orders of any competent authority. He therefore ordered on 28. 12.1996, the correction of the same as per the Jamabandi for the year 1975 -76. Aggrieved against the same, the present respondents filed an appeal before the Settlement Officer (Consolidation) who, after visiting the spot and examining a number of witnesses from the relevant village, found that the present petitioner was not in possession of the land in dispute. He therefore set aside the order of the Assistant Collector First Grade holding that the entries made during Settlement were in accordance with the spot position and were therefore correct. The present petitioner filed an appeal before the Additional Deputy Commissioner, Kangra, exercising the powers of Commissioner under Section 14 of the H.R Land Revenue Act, 1954, who held vide his order dated 22.8.2002, that the order passed by the Assistant Collector First Grade as well as those passed by the Settlement Officer (Consolidation) have been so passed under the provisions of the H.R Tenancy and Land Reforms Act, 1972, and therefore an appeal as filed before him under the H.P. Land Revenue Act is not maintainable. Feeling aggrieved, the petitioner has filed the present revision petition with the prayer that the order dated 15.9.1997 passed by the Settlement Officer (Consolidation) as well as that of the Commissioner dated 22.8.2002 may be quashed and the order of the Consolidation Officer exercising the powers of Assistant Collector 1st Grade dated 28.12.1996 may be upheld.

(3.) The record of the Courts below was summoned and the arguments of the learned Counsel for both the parties were heard on admission as well as merits of the case. As the admission of the revision petition was not contested the same is being heard and disposed on merits.