GRAM PANCHAYAT, CHARATGARH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner Gram Panchayat, Charatgarh in the District of Una by this writ petition, prays that the respondents-State be directed to undertake resettlement of the estate in the Gram Panchayat Charatgarh in Tehsil and District Una, for the reason that the settlement which took place in the year 1985-86 was wrong, illegal and not in accordance with the procedure envisaged under the law and seventy percent of this settlement is defective.

(2.) IT is the case of the petitioner that the settlement was not carried out in accordance with the Rules and Procedure. Certain persons who are in active physical possession of the land in this estate were not given notice to be present on the spot while the settlement proceedings were carried out. It is further case of the petitioner that the settlement took place in the year 1985-86 had affected the rights of several residents of this village and inspite of several representations, the Authorities concerned did not listen.

(3.) THE respondents contend that even if there were any acts of omission or commission then individual who were aggrieved were free to get their grievance removed in accordance with law. According to the respondents, the settlement operation in Mohal Charatgarh was undertaken in the year 1986-87 and every inch of the land was surveyed on the spot in the presence of the right holders of the estate and the same was checked cent-percent by the Field Kanungo and fifty percent by the Revenue Officers i.e. Settlement Tehsildar and the Naib Tehsildar and random checking was done by the Assistant Settlement Officer and the Settlement Officer from time to time.