JAGAT RAM Vs. UDHAM SINGH

JUDGEMENT

(1.) This revision petition has been filed against an order dated 15.2.2006 passed by the Divisional Commissioner, Mandi.

(2.) Brief facts of the case are that the present respondent filed an application for correction of entries in khasra No. 412 measuring 0 -01 -68 Hacts. situated in village Budhwin, Tehsil Nadaun as per old record. The Settlement Collector got an enquiry conducted by the Tehsildar (Settlement) Hamirpur who recommenced addition/deletion in certain khatas/khasra Nos. The Settlement Collector accordingly ordered correction 3.5.2005. The present petitioner filed an appeal against the order of the Settlement Collector before the Divisional Commissioner, Mandi on the grounds that correction was ordered without hearing him and that his land has been wrongly reduced by the Collector while effecting the correction sough by the respondent. The learned Commissioner dismissed the appeal on 15.2.2006. The learned Commissioner held that there was an apparent mistake in the new record, which has been rectified by the Settlement Collector. He further observed that the Collector has conducted the requisite enquiry under Section 18(3) of the H.P. Land Revenue Act through the Revenue Officer concerned who has also heard both the parties and recorded their statements.

(3.) The present revision petition has been filed on the grounds that the Collector has wrongly relied upon the report of the field agency. It is averred that a false report has been prepared by the field agency behind the back of the petitioner. It has further been averred that the Collector initially passed the order on 3.5.2005 and subsequently reviewed it vide a foot note dated 2.7.2005 and similarly the Commissioner has also issued a corrigendum dated 15.6.2006 without summoning the parties.