DHANI RAM Vs. BALAK RAM

JUDGEMENT

(1.) The Collector, Solan District had made a reference vide his order, dated 15 -9 -1983 that directions be given to the Revenue officers below to give effect to deed No. 54 of 1950 in the revenue record by entering a mutation to this effect,

(2.) Briefly, the facts of the case are that Tulsi Ram executed a registered deed No. 54, dated 10 -8 -1950 relinquishing his right in respect of property of Khewat No. 1 Khatauni Nos. 2 and 5 and Khewat No. 2, Khatauni Nos. 3 and 4 area measuring 51 -19 bighas situated in village Mahog Tehsil Kandaghat in favour of Dhani Ram. On the basis of this deed, mutation No 63 was entered by the Patwari but the Revenue officer vide his order dated 15 -6 -1952 refused to sanction the mutation and ordered that the mutation should be re -entered after the Charsala work was over. After the death of Tulsi Ram, mutation No. 84 was entered. This mutation was also rejected by the Revenue Officer because Dhani Ram could not produce a copy of order passed in mutation No. 63, which had been rejected earlier. Against the rejection of this mutation, the petitioner Dhani Ram preferred an appeal before the Sub Divisional Collector, Kandaghat, who dismissed the same. This order of the Sub -Divisional Collector was challenged before the District Collector, who made the instant reference. It has been recommended by him that since there is no time -limit for entering the mutation, it should not have been rejected on technical grounds.

(3.) I have heard the learned Counsels for the petitioner as well as the respondents and perused the court record. Perusal of section 35 of H. P. Land Revenue Act, which relates to the procedure for making records, lays down that any person acquiring, by inheritance, purchase, mortgage, gift or otherwise, any right in an estate as a land owner, assignee of land revenue or tenant having a right of occupancy, shall report his acquistion of the right to the Patwari of the estate. Further section 40 of the Act pertains to penalty for neglect to report acquisition of any right referred to in section 35. It appears from the perusal of the provision contained in section 40 that the report regarding acquisition of a right is required to be made within a period of three months from the dete of acquisition otherwise a penalty of fine can be imposed.