RINCHEN TSOMO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against an order dated 10.6.2002 passed by the District Collector Kangra in case No. 18/99 vide which the land alongwith structures comprised in Khata No. 49, Khatauni No. 105, Khasra No. 494 measuring 0 -01 -36 Hect. situated in up Mohal Meleod Ganj, Tehsil Dharamshala was ordered to be vested in the State of Government for violation of Section 118 of the H.P.H.P. Tenancy and Land Reforms Act, 1972.

(2.) The facts of the case are that the Tehsildar Dharamshala reported to the Collector, District Kangra through the Sub -Divisional Collector, Dharamshala that the present petition had got a Sale Deed No. 105 dated 10.2.1994 pertaining to the land in dispute executed in her favour. However, this property was under the usage of Tibetans and it was a transaction and it was a transaction violation of Section 118 of the HP Tenancy and Land Reforms Act, 1972. The District Collector issued notice to the petitioner and after hearing the matter exparte as the petitioner failed to appear despite service, ordered the vestment of the land and structures standing thereupon in the State Government vide the impugned order dated 10.6.2002. Feeling aggrieved, the petitioner has come before this court on the ground that the impugned order has been passed exparte without giving a due opportunity to the petitioner and that when she fled an appeal against the order of the Collector before the Additional Commissioner (Appeals), HP., the same was dismissed.

(3.) I have heard the argument advanced by the learned counsel for the parties and have perused the record of the courts below.