BANGU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed this revision petition under Rule 30 of the H.P. Nautor Land Rules,1968 against an order passed by the Commissioner, Shimla Division on 24.4.1996, whereby he has confirmed the order of the Deputy Commissioner Shimla dated 1.6.1995 canceling the grant of nautor land made in favor of the petitioner by the Sub Divisional Officer (Civil). Rohru on 4.8.1984.

(2.) Brief facts of the case are that the petitioner was granted nautor on Khasra No. 14/2/5 measuring 1 -0 Bigha, situated in Mauza Pahar, Tehsil Jubbal, District Shimla by the Sub Divisional officer (C), Rohru, on 4.8.1984 for construction of a house. Later, on 12.7.1988, one Shri Rohan Lal, who is the present respondent No.2, filed an appeal before the Deputy Commissioner, Shimla claiming that the nautor was granted to the petitioner without following the procedures under the rules and that the petitioner was not an eligible person for the grant of nautor. The Deputy Commissioner, after hearing the matter came to the conclusion that while sanctioning the nautor, neither the report of the Gram Panchayat concerned was sought nor were the objections of the right holders called for. The Ld. Deputy Commissioner also observer that while the land had been allotted for construction of 1 a house, an apple orchard has been raised on the same. Hence, the Deputy Commissioner, cancelled the grant vide his order dated 16.5.1995. Aggrieved against the order of the Deputy Commissioner, the petitioner filed an appeal before the Commissioner, Shimla Division who dismissed the same on 25.4.1996. The present revision petition has been preferred against this order of the learned Commissioner, Shimla Division.

(3.) The record of the courts below was called for and examined. The arguments advanced by the Ld. counsel for the parties were heard.