SADA NAND Vs. FINANCIAL COMMISSIONER (APPEALS) & ORS

JUDGEMENT

(1.) The present writ petition has been filed praying for the following relilefs:-

(2.) The case of the petitioner is that he alongwith proforma respondents was recorded as owner of the land in dispute and one Smt. Janki was recorded as occupancy tenant under them. Said Smt. Janki was conferred proprietary rights over the land in dispute under Section 94 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 and the mutation was also attested in that regard in her favour by the Assistant Collector IInd Grade on 23.07.1975. Janki died prior to the attestation of mutation in her favour. The petitioner moved an application before the Land Reforms Officer, Ghumarwin, for resumption of land, which application was dismissed on 29.02.1976.

(3.) The said order was challenged by way of appeal before District Collector, Bilaspur, which appeal was dismissed. Said decision was challenged before Divisional Commissioner, Shimla Division, who vide order dated 12.02.1988 set aside the order of mutation passed by the Assistant Collector IInd Grade dated 23.07.1976. The case was remanded back for fresh decision in the matter by the Divisional Commissioner. Thereafter, mutation was again attested in obedience to the order passed by the Divisional Commissioner by the Assistant Collector IInd Grade on 18.08.1989.