PRITAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was allotted land, measuring 6 kanal 7 marlas on 7.4.1976 under the Himachal Pradesh Village Common Lands Vesting & Utilization Scheme, 1975. He submitted an application on 10.8.1987 for transfer of plot measuring 6 kanal 7 marlas with Khasra No.1061/6. The Deputy Commissioner, Una directed the Tehsildar Amb on 3.6.1995 to prepare a proposal for transfer of land of the petitioner. In sequel to letter dated 3.6.1995 the S.D.O.(c) recommended vide a letter dated 10.8.2000 that the land owned by the State of H.P. measuring 0.24.40 hectares comprised in Khasra No.1351/1, Khewat No.476 Khatauni No.769 situated 1 Whether reporters of local papers are allowed to see the judgment? No. in Village Andhora Nichla, Tehsil Amb be allotted in favour of the petitioner. The Tehsildar, Amb had also sent a communication to the Deputy Commissioner, Una on 13.12.2000 stating therein that as per the report of the field staff since no land was available in Village Polian Purohtan the land could be allotted in Village Andora Nichla which was one kilometer away from the road and recorded as 'kharkan' and the same could be made cultivable by putting hard work. The Tehsildar Amb had annexed copy of the resolution passed by the Gram Panchayat along with his report. The Deputy Commissioner, Una vide a communication dated 29.1.2002 directed the Tehsildar Amb to complete the process and furnish to his office the documents mentioned therein, including copy of jamabandi of Mohal Andora and Polian Prohtan and other documents etc. The Tehsildar Amb furnished the documents as directed by the Deputy Commissioner on 8.4.2002.

(2.) THE Deputy Commissioner after getting the reports from the filed agency and on the basis of the revenue documents supplied to him sought the permission from the Financial Commissioner-cum-Secretary( Rev.) vide a letter dated 10.5.2002 to allot land comprised in Khasra No.1351/1 measuring 0.24.40 hectares situated in Village Nichla Indora owned and possessed by the State Government in place of land comprising in Khasra No.1984, measuring 0.24.38 hectares situated at Village Polian Prohtan. The Deputy Commissioner, Una sent a reminder to the Financial Commissioner-cum- Secretary (Rev.) on 17.8.2002. The Financial Commissioner-cum-Secretary ( Rev.) returned back the proposal to the Deputy Commissioner, Una on 24.9.2002 to take appropriate action as per office letter No.Rev.BF(7)-1/94 dated 15.11.1995. The Deputy Commissioner, Una instead of taking the decision as directed by the Financial Commissioner-cum-Secretary (Rev.) dated 24.9.2002 again sent a proposal to the Financial Commissioner-cum-Secretary (Rev.) on 29.11.2002 by referring to one letter dated 6./11.7.2000. The Financial Commissioner-cum-Secretary (Rev.) again returned the file to the Deputy Commissioner, Una on 11.10.2004 with the direction to dispose of the case at his own level. The Deputy Commissioner, Una vide a letter dated 24.9.2005 informed the petitioner that the matter pertaining to transfer of land which was under consideration has been dismissed. A subsequent communication was received by the petitioner on 8.12.2005 whereby the Deputy Commissioner had informed him that since the Government has imposed a ban on transfer of land, the application preferred by the petitioner was rejected.

(3.) THE petitioner has been allotted land measuring 6-7 kanals on 7.4.1976. The land has been allotted to him under the Himachal Pradesh Village Common Lands Vesting & Utilization Scheme, 1975. He submitted the application for exchange of land on 10.8.1987. The Deputy Commissioner, Una had sought report from the Tehsildar Amb and Tehsildar, Amb and S.D.O.(Civil) had recommended the case of the petitioner favourably for the exchange of the land. The President, Gram Panchayat, Andora had also favourably recommended the case of the petitioner. The Deputy Commissioner, Una had sought for the revenue papers from the Tehsildar, Amb on 29.1.2002 which were duly supplied by the Tehsildar, Amb on 8.4.2002. The Deputy Commissioner after the receipt of the report from the field agencies and on the basis of the documents furnished by the Tehsildar Amb had specifically recommended the case of the petitioner on 10.5.2002 to the Financial Commissioner- cum-Secretary (Rev.). He also sent a reminder to the Financial Commissioner-cum-Secretary (Rev.) on 7.8.2002.The Financial Commissioner-cum-Secretary(Rev.) did not take any action on the proposal sent by the Deputy Commissioner, Una and the matter was sent back to the Deputy Commissioner, Una on 24.9.2002 with the observation that the case be considered as per letter dated 15.11.1995. It will be apt to reproduce the relevant extract of letter dated 15.11.1995 on the basis of which the case of the petitioner was directed to be considered, reads thus: