LAWS(HPH)-2006-10-11

SHIV KUMAR Vs. STATE OF H.P.

Decided On October 31, 2006
SHIV KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THROUGH the present writ petition, the legal heirs of late Shri Birbal, who was recorded as joint owner with respondents No. 3 to 8 in Khasra Nos. 28 to 32, situate in Village Chhaproh, Tehsil Amb, District Una, have challenged the report dated 20.1.1998 of Assistant Consolidation Officer, the order dated 24.2.1998 of Consolidation Officer and the order dated 29.4.2000 passed by Director (Consolidation), under Section 54 of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, hereinafter referred to as Act, in exercise of his revisional powers, whereby the name of Birbal, the predecessor-in-interest of the writ petitioners, has been ordered to be deleted from the column of ownership, on the application of respondents No.3 to 8.

(3.) TWO sets of replies have been filed by the private respondents. One by respondents No.5 and 6 and the other by respondents No.3, 4, 7 and 8. They have taken the plea that though specific notice of the application for correction of entries with respect to the aforesaid Khasra Numbers had not been issued to the writ petitioners, yet an announcement was made in the village that the Consolidation Officer would be visiting the village on 24.2.1998 and that the impugned order dated 24.2.1998 was passed by the Consolidation Officer in a gathering of the villagers.