GURMUKH SINGH Vs. KARTAR CHAND

JUDGEMENT

(1.) This matter has been forwarded to this court under Section 17 (3) of the H.P. Land Revenue Act, 1954 by the learned Divisional Commissioner, Kangra who, while adjudicating upon revision petition No. 105/94 has held that opportunity of being heard had not been afforded by the Assistant Collector IInd Grade to the petitioner, while attesting mutation No. 3 -07 pertaining to village Lalhari, Tehsil and District Una.

(2.) The brief facts of the case are that mutation No.3607 was sanctioned by the A.C. IInd Grade, Una on 25 -12 -1992 on the basis of a registered sale deed No.476 dated 26 -9 -1989. The present petitioner filed an appeal against this before the Collector, Sub Division, Una who dismissed the same vide an order dated 15 -12 -1993. The petitioner filed a revision petition before the Divisional Commissioner, Kangra, who observed that earlier mutation No.3442 regarding the relevant sale deed had been rejected by the Assistant Collector, find Grade on 12 -10 -1990. No appeal had been preferred against this order and hence a fresh mutation could not have been attested without reviewing the earlier order. He, therefore, has sent the matter to this court for passing of appropriate orders thereupon.

(3.) The matter has come up for consideration on the recommendation of the learned Divisional Commissioner, Kangra today. None of the parties is present despite having knowledge of the matter being fixed for today. Hence, I proceed to adjudicate upon the matter on the basis of the record as made available by the learned Commissioner.