DEV RAJ Vs. JAGAT RAM

JUDGEMENT

(1.) This case has come up for hearing on the recommendations of learned Commissioner, Shimla Division made vide order dated 19.1.1998 whereby he has recommended that the order passed by the Assistant Collector I Grade on 16.11.1996 and that of Sub -Divisional Collector, Theog, dated 28.8.1997 be set aside.

(2.) Briefly stated, the facts of the case are that S/Shri Jagat Ram and 3 other petitioners applied to the Assistant Collector I Grade, Theog for correction of revenue entry in respect of land comprising in Khasra No. 293/191, Kita 1, measuring 5 -9 Bighas, situated in Chak Galu -Kalan, Tehsil Theog in the revenue record stating that they were in possession of the land in question for the last more than 30 years and they were inducted as tenants by the then owners and they were paying the land revenue etc. of the said land for the last many years. It was further stated that the owners were not residing in Himachal and their whereabouts were not known. A prayer was made that the applicant be recorded as tenants of the land in question. The Assistant Collector commenced the proceedings and in course of which he recorded the statements of the applicant/present respondents as well as Pradhan, Gram Panchayat, Shateyan and Lambardar of the area. The other party did not appear before the Assistant Collector I Grade because they were not served personally, though service upon them was effected by affixation and by way of publication in the Rajpatra. The Assistant Collector after hearing the parties and going through the evidence allowed the application by which he ordered change in cultivation column in favour of the applicants vide his order dated 16.11.1996. Aggrieved of this order of the Assistant Collector I Grade, dated 16.11.1996 the petitioners S/Shri Dev Raj alias Devi Nand and Kishori Lai filed an appeal before the Sub -Divisional Collector, Theog on various grounds mainly on non -joinder of necessary parties and illegal and defective mode of service. The Sub -Divisional Collector after hearing the parties and going through the record, dismissed the appeal vide his order dated 28.8.1997. Dissatisfied with the order of Sub -Divisional Collector, the petitioners S/Shri Dev Raj alias Devi Nand and 2 others filed a revision petition before the Commissioner, Shimla Division. The learned Commissioner heard both the parties and scrutinized the entire record of the case and accordingly concluded that the application for correction was allowed by the Assistant Collector in undue haste. He also concluded that evidence brought on record was not enough to prove the factum of tenancy and has accordingly recommended that the orders passed by Assistant Collector and Collector need be set aside.

(3.) I have heard both the parties as also have gone through the record of the case.