DEVINDER SINGH Vs. DEPUTY COMMISSIONER, UNA

JUDGEMENT

(1.) This revision petition has been filed against orders of Assistant Collector, 2nd Grade, Amb passed in mutation Nos. 4437, 4438,4439, 4440 and 4441 dated 21.9.19987 vide which order of the Collector, District Una in ceiling case No. 535 of 1974 was wrongly incorporated in the revenue record.

(2.) Brief facts of the case are that Shri Davinder Singh, petitioner filed an application before this court that one Shri Chain Singh and the petitioner were owners to the extent of 1/3 share each in the land in dispute situated in revenue village, Amb. Accordingly, vide an order dated 9.9.1975 passed in ceiling case No. 535/74 and order dated 31.7.1976 passed in ceiling case No. 571/74 both the said persons were declared owners to the extent of 273 kanals each. It was averred that a mutation No.3029 dated 9.9.1975 was attested which was later reviewed and rejected on 3.6.1979 by the Assistant Collector, 2nd Grade concerned. Further, it had been alleged that during the settlement operations of the area, mutation Nos. 4437, 4438, 4439, 4440 and 4441 were attested and the area of the petitioner which was 273 kanals was reduced to 14 kanals only and the rest of his land was wrongly shown to be in the ownership of Shri Chain Singh and his family members. He requested that the mutations may be got reviewed and a report in this regard may be obtained from the Sub -Divisional, Collector, Amb in this regard. The Sub -Divisional, Collector, Amb submitted through the District Collector, Una on 27.11.2004. His report appeared to confirm the contentions of the petitioner and it has been recommended that the orders of the Financial Commissioner for reviewing the mutations may be sought. The petitioner after also filed a formal revision petition before this court which was taken on record.

(3.) The main grounds taken in the revision petition are that the petitioner and his brother Shri Chain Singh were owners to the extent of 1/3 of land situated in Mohal Amb and other revenue villages of Tehsil Amb. After coming into force of the H.P. Ceiling on Land Holdings Act, 1972. Two units of land measuring 633 kanals were allotted to Shri Chain Singh vide file No.535/74 dated 9.9.1975 and one unit comprising of 316.10 kanals was allotted to the petitioner vide file No.571/74 dated 31.7.1976. It has been averred that when, mutations No.4437,4438, 4439, 4440 and 4441 were incorporated by the Settlement staff, the petitioner was left with only 14 kanals of land in Mohal Amb. According to the petitioner the entries made in pursuance to the said mutations are required to be quashed and the allotment of land made in favour of the petitioner vide file No.571/74 dated 31.3.1976 is required to be implemented in the revenue record.