G. P. LIPPA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment is being dictated in open Court in presence of the learned counsel for the parties.

(2.) SHRI Ram Parkash (respondent No.4) moved an application dated 1.8.1995 (Annexure P-3) for grant of land for agriculture purpose under the Himachal Pradesh Nautor Land Rules, 1968 (hereinafter referred to as 'the Rules'). He declared himself to be a poor person having an income of Rs.10,000/- per annum, from all sources seeking grant of land on khasra No. 899/1 measuring 0-00-81 hects. (Approx. 90 Sq. mtrs.) in Up-Muhal Lippa khas in the estate of Chak Lippa. The said application supported by an affidavit was duly processed by the various agencies including the Forest Department and was placed before the Additional District Magistrate-cum-Sub Divisional Officer (Civil), Pooh, District Kinnaur, who passed an order dated 26th August, 1996 granting the land in question to respondent No.4 for horticulture purposes. Various residents of village Lippa, Tehsil Moorang through Shri Kaljang Nimma, Up-Pradhan preferred an appeal before the Deputy Commissioner, Kinnaur, being Appeal No. 31 of 1996 titled as Gramvasi Lippa vs. Ram Parkash & Ors. The same was allowed in terms of the order dated 31st March, 1997, wherein it was observed that;

(3.) AGGRIEVED by the cancellation of the grant and affirmation thereof, respondent No.4 preferred a Revenue Appeal No. 28 of 1997 before the Financial Commissioner (Appeals), Himachal Pradesh, titled as Ram Parkash vs. State of H. P. & Ors. which was subsequently treated as revision under Rule 30. The Financial Commissioner allowed the revision in terms of order dated 5th December, 1998 on the ground that ;