AMRIT LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner has approached this Court by way of the present writ petition seeking an appropriate writ for quashing the decision of the Financial Commissioner on Annexure P-7 whereby the recommendations made in favour of the petitioner by the Divisional Commissioner for retention of the land under the occupation of the petitioner, have been rejected.

(2.) IT is averred by the petitioner that he is a landless person and his predecessor-in-interest had constructed a house on part of Khasra No.49/22 at Village Bhatar Khurd, Tappa Bajuri, Tehsil and District Hamirpur before the year 1968. He represented to the Panchayat for lease of land measuring 8 Bighas and 13 Biswas of land comprising in Khasra No.49/22 (old) which was described as "Banjar Kadim" in the record. The request of the petitioner was favourably considered by the Panchayat and he was granted the land on lease w.e.f. 19.9.1972. The lease was renewed subsequently from time to time. The petitioner alleges that classification of the land was subsequently changed from "Banjar Kadim" to "Barani Do Fasli" without any justification whatsoever. The petitioner further alleges that on the basis of promises made by the Pradhan of the Gram Panchayat, he made substantial improvements on the land. With the coming into force of the H.P. Village Common Lands Vesting and Utilization Act, 1974, the land vested in the Gram Panchayat and thereafter in the State of Himachal Pradesh. The petitioner submits that the land is not covered by the provisions Section

(3.) ON 1.10.1992, the Patwari Halqua had made a report regarding illegal possession of the petitioner with respect to the suit land comprising in Khasra No.49/22 (old), now denoted by Khasra Nos.44/19/1, 45/19/1 and 46/19/1, kitta 3, situate in Mauza Bhater Khurd, Tappa Bajuri, Tehsil and District Hamirpur, measuring 8 Bighas 12 Biswas. Petitioner submits that the Patwari had made a tatima on the spot with the report that the petitioner had encroached upon some portion of the land, and a house had been built on Khasra No.45/19/1, measuring 0.18 Marlas. These facts are depicted in the spot inspection conducted by the Assistant Collector Ist Grade on 16.6.1993. A recommendation was made by the Collector that the land on which the house had been constructed should be transferred in the name of the concerned Panchayat which would regularize the possession of the petitioner.