JOGI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition has arisen from a recommendation made by the Divisional Commissioner, Shimla on 14.7.1997, who, while adjudicating upon revision petition No. 84/97 filed by the petitioner against an order dated 4.11.1996 passed by the Sub -Divisional Collector, Rajgarh, has observed that the directions may be issued to the Assistant Collector, 1st Grade, Pachhad to give effect to his order dated 28.9.1978 in case No. 26/78 and the structure raised by the encroacher be demolished and the material be put to auction and proceeds deposited in the Govt. Treasury.

(2.) Brief facts to the case are that in 1978 a complaint was lodged against Shri Jogi Ram, the present petition that he had encroached upon the land of the Education Department comprised in Khasra No. 356/185, measuring 10 -13 bighas situated in Village Jubal -Cnandesh, Tehsil Rajgarh, even though he had earlier been ejected from the said land in 1976. Proceedings under Section 163 of the H.P. Land Revenue Act were initiated and on 28.9.1978, the Assistant Collector, 1st Grade in case No. 26/78, ordered ejectment from the land and directed him to pay a fine of Rs. 500/ -. The petitioner filed a revision petition before the Sub -Divisional Collector, Puchhad, which was rejected on 8.5.1981 on the grounds that the revision filed on 5.2.1980 was barred by limitation. Shri Jogi Ram, then went before the Divisional Commissioner, Shimla by filing a revision petition, who vide order dated 12.4.1983 accepted the revision petition and remanded the case back to the Sub -Divisional Collector for fresh enquiry and decision. The learned Collector, then processed the matter and vide order dated 10.8.983, accepted the revision petition and remanded the matter to the Assistant Collector, 1st Grade, Rajgarh for fresh trial and inquiry. He held that the petitioner should have not been proceeded exparte which had been done wrongly on 28.7.1978. It had also been further held than that if Shri Jogi Ram was found to have encroached upon the land then ejectment proceedings under Section 163 of the H.P. Land Revenue Act be instituted against him.

(3.) The Assistant Collector, 1st Grade processed the case and vide order dated 28.4.1989 again ordered ejectment of the present petitioner. The petitioner went in appeal before the Collector, Sub -Division, Rajgarh, who vide order dated 8.1.1991 remanded the case back to Assistant Collector, 1st Grade for fresh consideration on the ground that a document produced by Shri Jogi Ram in support of his contention that the land had been sold to him by the co -owners in .1955 had not been taken into account. The Assistant Collector, 1st Grade on remand once again processed the matter and vide order dated 28.12.1993, again ordered his ejectment from the land in question and also imposed a fine of Rs. 21,000/ -. The subsequent appeal filed by Shri Jogi Ram before the Collector, Sub -Division, Rajgarh was also dismissed on 4.11.1996. Still aggrieved by this order of the Collector, the petitioner filed a revision petition against this order before the Divisional Commissioner, Shimla Division, who vide order dated 14.7.1997 has recommended the matter to this Court for setting aside the orders passed by the courts below from 12.4.1983 onwards. He has further observed that the Assistant Collector, 1st Grade may be directed to give effect to his order dated 28.9.1978 passed in case No.26/78 and demolish the structure raised by the petitioner, the material may be put to auction and the amount recovered deposited in the Govt. Treasury.