ROSHAN LAL Vs. DHARMU AND

JUDGEMENT

(1.) This revision petition has been field against an order dated 11.3.2004 passed by the learned Divisional Commissioner, Mandi, in case No. 328/2003. 2.Brief facts of the case are that present petitioner filed an application before the Land Reforms Officer, Badsar for resumption of land under section 104 (8) (d) of the H.P. Tenancy and Land Reforms Act, 1972. The Land Reforms Officer rejected the application on 4.11.1991.

(2.) This order challenged in appeal before the District Collector, Hamirpur. The District Collector dismissed the appeal vide order dated 13.12.1996.Feeling aggrieved, the present petitioner filed a second appeal before the Divisional Commissioner, Mandi who also dismissed the appeal on 11.3.2004 holding that the petitioner was enrolled in the Army on 20.7.1961 and was discharged on 31.07.1989. He was not the owner of the land in question before joining the Army as the same was purchased by him in the year 1969 almost after 8 years of his joining the Army. The forefathers of the respondents were already recorded as non -occupy tenants over the land and the tenancy was not created by the petitioner during his active service six months prior to his joining the Army. The learned Commissioner held that the provisions of Section 34 (d) and 34 (dd) as well as section 104(8) were not attracted in the present case.

(3.) The present revision petition has now been filed on the grounds that the law has not been properly interpreted by the courts below and the provisions of the At have been misconstrued by these courts.