UNION OF INDIA Vs. SAT PAL

JUDGEMENT

(1.) This revision petition has been filed on 4.2.1994 under section 114(3) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 red with Section 17 of the Himachal Pradesh Land Revenue Act, 1954. 2.Brief facts of the case are that on 23.6.1986, the Assistant Collector, 1st Grade, Shimla attested Mutation No. 157 pertaining to land measuring 87 -16 Bighas situated in mauza Saruella Baruella, Tehsil Shimla, District Shimla in favour of S/Shri Satpal andArun Kumar, the present respondent No.1 and predecessor in interest of the present respondents No. 2(i to iii), Like wise, Mutation No. 158 pertaining to land measuring 56 -19 Bighas situated in the same village was also attested in favour of S/Shri Satpal and Arun Kumar.

(2.) The Union Government filed an appeal under Section 14 of the H.P. Land Revenue Act, 1954 against the attestation of the said mutations before the Collector, Shimla Sub Division who decided the same on 30.9.1993 holding that the appeal was time barred and also that the entries had been incorporated in the Jamabandi and hence, his jurisdiction was barred. The Collector however also held that the appellant was free to raise the matter before the court of competent jurisdiction.

(3.) The present petitioners have filed the petition along with an amended petition dated 31.12.1996 before this court on the grounds that the mutations No. 157 and 158 were attested behind their back and that the respondent No.1. and the predecessor in interest of the present respondent No. 2 (i to iii) have further sold part of the land to other respondents. It has been averred that the land in question was never transferred in favour of Shri Sardari Lal, the father of S/Shri Satpal and Arun Kumar by way of lease. There was no relationship of tenant and landlord between the owners and Shri Sardari Lal at the time of enforcement of the HP. Tenancy and land Reforms Act, 1972 and therefore the mutations regarding conferment of proprietary rights upon S/Shri Satpal and Arun Kumar were illegal. The petitioners have prayed for cancellation of the impugned mutations.