(1.) A challenge has been laid to the order passed by the Director Consolidation of Holdings dated 20th September, 2001 in case No. 130/2000.
(2.) THE brief facts necessary for the adjudication of this petition are that the consolidation operation was started in Tikka Samoh, Tappa Bani, Tehsil Barsar, District Hamirpur, H.P. under the Himachal Pradesh Holdings (Consoldiation and Prevention of Fragmentation) Act, 1971. Shri Chhangnian Ram, predecessor-in-interest of the petitioners was aggrieved since he was not allotted khasra No. 560 (old) in repartition under section 30 of the Act vide order dated 3rd August, 1984 by the 1 Whether the reporters of Local Papers may be allowed to see the judgment? no Consolidation Officer. Sh. Chhangnian Ram filed an appeal against the order of the Consolidation Officer before the Settlement Officer (Consolidation of Holdings), Hamirpur. The case set out by Sh. Chhangnian in his appeal was that khasra No. 560 (old) has wrongly been allotted to Shri Prithi Singh, the predecessor-in-interest of respondents No.2 and 3. The appeal was decided in favour of Sh. Chhangnian Ram and Settlement Officer allotted new khasra No. 437/2 measuring 2 kanals 7 marals to Sh. Chhangnian vide order dated 15.5.1985. In consolidation operation khasra No. 1119/599 and khasra No. 560 were clubbed together and new khasra No. 437 was carved out measuring 3 kanals 1 marla. The mutation was attested in favour of Sh. Chhangnian Ram pursuant to order dated 15.5.1985 passed by the Settlement Officer showing him to be the owner of Khasra No. 437/2 measuring 2 kanals 7 marlas. The predecessor in interest of respondents No.2 and 3 Sh. Prithi Singh filed an appeal against the order dated 15.5.1985 before the Additional Director of Holdings, Himachal Pradesh. The appeal was accepted by the Additional Director of Holdings, H.P. on 30.7.1986 and the case was remanded to the Settlement Officer. The Settlement Officer vide order dated 18.9.1995 accepted the appeal of Shri Prithi Singh and allotted khasra No. 931/437 measuring 2 kanals 7 marals to Shri Prithi Singh. The order dated 18.9.1995 was assailed before the Additional Director Consolidation of Holdings in an appeal under section 30 (3) of the Act. The Additional Director Consolidation of Holdings dismissed the appeal on 27.4.2000. A revision was preferred by the petitioners before the Director Consolidation of Holdings and the same was dismissed by the Director on 20.9.2001.
(3.) THE learned Advocate General and Mr. K.S. Banyal, Advocate appearing on behalf of the respondents have supported the orders passed on 18.9.1995, 27.4.2000 and 20.9.2001. The learned Advocate General had strenuously argued that while passing the orders, authorities have taken into consideration the spirit of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971. Mr. K.S. Banyal had argued that khasra No. 560 (old) was adjoining to khasra Nos. 549 and 546 owned by his clients.