TULSI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) WRIT Petitioner is aggrieved by the order of the Director (Consolidation), exercising the powers of the State, under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, hereinafter after referred to as the Act, whereby a portion to the extent of 1 Kanal 1 Marla area of Khasra No.1238, which was allotted to him in the re-partition on conclusion of consolidation process, has been ordered to be allotted to respondents No. 2 and 3 and in lieu thereof he (the petitioner) has been allotted equal area of land out of Khasra No.1220.

(2.) IT appears that when in the course of consolidation process, on completion of the consolidation scheme, re-partition was Whether the reporters of the local papers may be allowed to see the Judgment? being done, respondent No.2 Chint Ram appeared before the Consolidation Officer in the gathering of villagers and laid claim to Khasra No.1253 (old), the new number for which after the consolidation is 1238, alleging that it was close to his major portion. His claim was rejected by the Consolidation Officer on 25.8.1984, summarily. Appeal was filed against that order of the Consolidation Officer before the Settlement Officer, who dismissed the same on 24.5.1985 vide order Annexure P-1. More than five years after the dismissal of the aforesaid appeal, i.e. on 2.7.1990, respondents No.2 and 3, namely Chint Ram and Parwati Devi, filed a Revision Petition, under Section 54 of the Act, challenging the order dated 25.8.1984 of the Consolidation Officer. Accepting the aforesaid Revision Petition, the Additional Director (Consolidation of Holdings), exercising the delegated powers of the State Government, under Section 54 of the Act, has ordered that a portion of Khasra No.1253 (old) (new Khasra No.1238), to the extent of 1 kanal 1 marla, be allotted to respondents No.2 and 3 and in lieu of that area equivalent area, out of Khasra No.1220 (new) be allotted to the Writ Petitioner.

(3.) I have heard the learned counsel for the parties and gone through the record.