LAWS(HPH)-2006-3-50

SHIV CHARAN DASS Vs. OM PARKASH

Decided On March 14, 2006
SHIV CHARAN DASS Appellant
V/S
OM PARKASH Respondents

JUDGEMENT

(1.) This revision petition has been field under Section 65 of the H.P. Tenancy and Land Reforms Act, 1972 against an order of the Land Reforms Officer Nurpur, Distt. Kangra dated 22.2.1976 with a prayer to set aside the same order.

(2.) Brief facts of the case are that the owners of the land in dispute, who are now represented by the respondents, filed an application for resumption of land from the tenants under section 104 of the H.P. Tenancy and Land Reforms Act 1972 for self cultivation before the Land reforms Officer Nurpur who allowed the same vide the impugned order dated 22.2.1976.

(3.) The grounds taken in the revision petition are that the order of the Land Reforms Officer is totally arbitrary and without application of mind. It has been averred that at the time of giving the land as per the shares for self cultivation the area has not been computed correctly as per the shares of the Land owners. According to the petitioners, land measuring 1 Kanal 4 Marias was given to them whereas they were entitled to 1 Kanal 9 Marias. Besides no order regarding Khasra No. 626 measuring 0.8 Marias which was reserved for self cultivation has been passed. It has further been averred that there is a well in Khasra No. 495/1 which has been given to the tenants.