SHRI HARDWARI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a revision petition under Sec. 20 of the H.P. Ceiling on Land Holdings Act, 1972, hereinafter called the Act, against the order of the Commissioner dated 17 -9 -1975 whereby he partly accepted the appeal of the Petitioner against the order of Collector Una dated 21 -2 -1975.

(2.) The main grounds on account of which interference in revision has been sought are that the land categorised as Ghair -Mumkin Kharkana and Abadi has been included in the holding of the Petitioner for the purposes of ceiling and that additional 6 acres should have been given to the 5th son of the Petitioner and the transfer of 40 kanals and 4 marlas of land, which the Petitioner had transferred through the registered deeds had not been treated as the bona fied transfer and that the Petitioner should be given a fresh opportunity to select the permissible area to be kept by him.

(3.) I have heard the learned Counsel for the Petitioner as also the learned Counsel for the State. The learned Counsel for the State has vehemently opposed the claim of the Petitioner and has argued that no material irregularity and illegality is involved in the case and as such revision does not lie.