GUPT RAM Vs. DULO RAM

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner, Shri Gupt Ram, under Sections 114 and 65 of the H.P. Tenancy and Land Reforms Act, 1972, against the order dated 27.05.1994 passed by the learned Divisional Commissioner, Kangra at Dharamshala, in appeal No.04/93, whereby the appeal of the present respondent No.1, Shri Dulo Ram (now deceased) was a accepted.

(2.) Brief facts of the case are that Shri Gupt Ram, present petitioner filed LR -V application on 28.11.1975, before the Land Reforms Officer, Palampur, requesting therein that he may be allowed to resume the land from his tenants in accordance with the provisions of Section 104 of the H.P. Tenancy and Land Reforms Act,1972 read with Rule 21 of the H.P. Tenancy and Land Reforms Rule, 1975. After an enquiry, the Land Reforms Officer, Palampur allowed the application in terms of order dated 2.6.1992. Shri Dulo Ram (now deceased), present respondent No.1 filed an appeal against the order of the Land Reforms Officer dated 2.6.1992 before the Collector, Distt. Kangra at Dharamshala. The other present respondents were joined as proforma respondents. After considering the matter and hearing the parties, the learned Collector upheld the order passed by the Land Reforms Officer dated 2.6.1992, and dismissed the appeal vide order dated 11.09.1992, holding that Shri Gupt Ram had filed the application within time and he was entitled to resume the land from his tenants. Feeling aggrieved by Shri Dulo Ram, filed second appeal before the Divisional Commissioner, Kangra, who vide order dated 27.5.1994, accepted the appeal by setting aside the orders passed by the courts below. He held that the application filed by Shri Gupt Ram was time barred and he had lost the right to resume the land. Hence, this revision petition has been filed before this court.

(3.) The record of the case has been perused and counsel for the parties heard. Learned counsel for the petitioner Shri Gupt Ram, stated that the H.P. Tenancy and Land Reforms Act was passed in 1972 and had become effective from 21.2.1974. Under Section 104 of the Act ibid the serving defence personnel were treated as a protected category of owner and they could apply for resumption of land under tenancy within 6 months of retirement. Shri Gupt Ram retired from the army on 23.10.1974 and he filed LR -V form for resumption of the land under tenancy as admissible on 25.11.1975. The H.P. Tenancy and Land Reforms Rules, 1975 came into operation 3.10.1975. The Land Reforms Officer allowed the resumption of the land on the basis of LR -V form filed by Shri Gupt Ram through his order dated 02.06.1992. The appeal against this order, filed by the present respondents in the matter, was dismissed on 16.11.1992.The present respondents then assailed the orders of the Collector and the Land Reforms Officer before the learned Divisional Commissioner who decided the case on 27.5.1994 and held that the LR -V form filed by Shri Gupt Ram for resumption of land under tenancy was time barred. The learned Counsel argued that the learned Divisional Commissioner had taken a hyper technical view in the matter. In fact, the proceedings before the learned Divisional Commissioner were beyond jurisdiction as second appeal did not lie in matter as per Section 61 (c) (ii) of the H.P. Tenancy and Land Reforms Act, 1972. The learned Divisional Commissioner had observed that it was only through the amendment of 1988 that 3 years time had been given for retired defence personnel to file their applications for resumption of land under tenancy while under the original Rules, only 6 months was allowed for the same. When the Act, ibid, came in to operation in 1974, Shri Gupt Ram was a protected category of owner as he was still in the army. While it was true that under the rules he was required to apply for resumption of the land under tenancy within the period of 6 months from the date of his retirement, he was however unable to do so since there were no rules operational at the time when he retired and there was also no form prescribed for the resumption applicant to be filed. The right to file LR -V form accrued to Shri Gupt Ram only on 3.10.1975 when the H.P. Tenancy and Land Reform Rules, 1975 became operational and the period of 6 months should be counted from that date. In view of this the orders of Land Reforms Officer allowing resumption of land under tenancy should be upheld and those of the Divisional Commissioner dated 27.5.1994 should be set aside.