PRATAP CHAND Vs. WAZIR CHAND

JUDGEMENT

(1.) This revision petition has been filed under Section 114 of the H.P. Tenancy and Land Reforms Act, 1972, by the Petitioners, against an order dated 7.7.2000 passed by the learned Commissioner (Revenue), in appeal No. 09/97.

(2.) Brief facts of the case are that the Respondent Shri Wazir Chand was enrolled in the Armed Forces as Havildar on 30.11.1962 and was discharged from the military on 30.11.1986. He filed an application alongwith LR-V form on 26.5.1987 before the Land Reforms Officer (Tehsildar), Dharamshala for resumption of land comprised in khasra No. 22,195,652, kitas 3, measuring 0-21-62 Heat situated in revenue estate Garh, Tehsil Dharamshala from the tenants under Section 104 of the H.P. Tenancy and Land Reforms Act, 1972. This property was willed in his favour by Smt. Jamuna widow of Shri Saju who expired in 1984. The Land Reforms Officer, Dharamshala vide order dated 20.8.1994 allowed the resumption application. Aggrieved by this order of the Land Reforms Officer, the present Petitioners challenged this order in appeal before the Collector, District Kangra at Dharamshala, who rejected the appeal on 29.10.1996 and held that the present, Respondent Shri Wazir Chand had 0-39-11 Hect. Irrigated self cultivated land and he had the right to resume half of the land from his tenants. Feeling aggrieved by this order of the Collector, the present Petitioner has filed further appeal before the Divisional Commissioner, Kangra which was rejected by the learned Commissioner (Revenue) on 7.7.2000.

(3.) The record of the case has been called for and examined. The arguments advanced by the leaned Counsel for Petitioner have been heard. Written arguments on behalf of the Respondents were filed and these were perused.