TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner herein, has filed two civil writ petition Nos. 1111 of 2005 and 1112 of 2005 against the respondents, to quash the orders dated September 16, 2005 (Annexure -P4) in both the petitions, passed by the Financial Commissioner in Revenue Revision Nos. 36 of 2002 and 37 of 2002.

(2.) Since the facts of both the petitions are identical, therefore, taken up together for decision. The brief facts are as under:

(3.) The private respondents are admittedly the owners of the land in dispute and the petitioner has been recorded as non -occupancy tenant in the revenue record. The Assistant Collector II Grade had attested both the mutation Nos 2485 (CWP No. 1111 of 2005) and 2428 (in CWP No. 1112 of 2005) of mauza Nangal Kalan Sub Tehsil Haroli, District Una, H.P. in favour of the petitioner, conferring the proprietary rights under Section 104 (3) of the Land Reforms Act, 1972 (hereinafter to be referred as The Act), on 9.6.1989 and 21.1.1989, respectively.