SEWAK RAM Vs. NAND LAL

JUDGEMENT

(1.) THIS revision petition has been filed against an order passed by the Divisional Commissioner, Mandi on 31.1.2005 vide which he has allowed the appeal filed by the present Respondent No. 1 against an order of the Sub Divisional Collector, Chachiot.

(2.) BRIEF facts of the case are that the Assistant Collector, 2nd Grade, Chachiot attested a mutation No. 76, dated 30.7.1975 conferring the proprietary rights upon the Respondents of land situated in village 'Gadhiman ' Tehsil Chachiot, District Mandi. The present Respondent No. 1 filed an appeal against this before the Sub Divisional Collector on the ground that initially, the mutation had been entered for the entire khata and land measuring 20 -5 -01 bighas but later the record was tampered with and land measuring 5 -2 -16 bighas was sanctioned in favour of the occupancy tenants. The Sub Divisional Collector dismissed the appeal on 27.10.1997 holding that the mutation has been challenged after a lapse of 15 years and therefore the appeal is time barred. The Respondent No. 1 filed a further appeal before the Divisional Commissioner, Mandi who allowed the same holding that the mutation was attested behind the back of the present Respondent No. 1 and also that the mutation sheet had a numbers of cuttings and the area had been reduced from 20 -1 -05 bighas to 5 -2 -16 bighas. The present revision petition has now been filed against the said order of the Divisional Commissioner dated 31.1.2005.

(3.) THE learned Counsel for Respondent No. 1 argued that since the learned Divisional Commissioner passed an order on 31.1.2005 which was favourable to the interest to Shri Chaitru who was one of the occupancy tenants on the area in question the arguments of the learned Counsel for Petitioner was inapplicable. The matter certainly needed re -investigation in view of the reasons recorded by the learned Divisional Commissioner in his order and the same should be upheld.