ROSHAN LAL SON OF SHRI RAVAN Vs. KULVINDER SINGH R/O VILLAGE MANGARH, TEHSIL FATEHPUR, DISTRICT, KANGRA, H.P.

JUDGEMENT

(1.) THIS revision petition has been preferred u/s 17 of the H.P. Land Revenue Act against the orders dated 5.03.2007 passed by the Commissioner, Kangra Division in appeal no. 44/2003 whereby the appeal of the present petitioner was rejected.

(2.) THE facts, in brief, are that on 28.3.1972 one Shri Jagat Ram son of Shri Jaishi Ram, resident of Siholi, Dakhli Katrah, Tehsil Dehra sold his 160/2807 share in land comprised in khata no. 16 min, khasra no. 492 measuring 8 kanals as per jamabandi for the year 195556 situated in Tika Baliara, Dakhli Anoh, Tehsil Dehra to S/Shri Roshan Lal, Pritam Singh and Udham Singh, sons of Sh. Bhagat Ram residents of Kan9i, Tehsil Dehra in equal shares for a consideration of Rs. 3000/ -. Mutation no. 148 was sanctioned on the basis of the sale deed by the Assistant Collector, IInd Grade on 30.01.1973 with a tatima prepared on the back of the mutation as kahasra no. 492/1 showing the land transferred. This land was again sold by these above mentioned vendees vide registered sale deed no. 1810n 14.5.1974 to Shri Rosham Lal and Shri Bachittar Singh, sons of Shri Ravan, present petitioner and proforma respondent respectively. At the same time, one Shri Bhagwan Singh procured a copy of mutation no. 148 from the Copying Agency at Dharamshala and submitted the same before the Consolidation Officer, Dehra for correction of entries. The Consolidation Officer, Dehra found that some over writings had been made in the tatima in respect of the eastern side of one khasra no. 548/492/1 showing the length as 49 karams. The said officer made a reference to the Incharge, Copying Agency at Dharaplshala vide letter No. 1300 dated 12.6.2000 to ascertain the dimensions of the eastern side of kahsra no. 548/492/1, as on the 'Parat Patwar' of the same mutation, it was shown as 44 karams. Simultaneously, the Deputy Commissioner, Kangra district also received a complaint made by Shri Kulvinder Singh through the Deputy Inspector General (Vigilance), Shimla, on the same matter. In this complaint, it was alleged that tampering has been done while giving copy of mutation no. 148 marking the eastern side as 49 karams instead of 44 karams in the tatima prepared on this mutation. It was mentioned in this complaint that in the year 1986 -87, khasra No. 492/1 was converted to new khasra no. 616. After Settlement, this khasra number was numbered as khasra no. 1036 and the correction of dimensions of this khasra no. including other khasra nos was allowed by the Settlement Collector vide orders dated 3.1.2000 which has also been agitated separately in another case by the same petitioner. The matter was enquired into by the Deputy Commissioner who came to the conclusion that the length of eastern side of khasra no. 548/492/1 (old) i.e. new khasra no. 1036 in the tatima on the copy of mutation no. 148 was actually 44 karams and was made 49 karams by tampering with the record and therefore, vide order dated 20.1.2003 ordered for necessary correction. in the length of eastern side of the khasra no. He also directed the District Revenue Officer to enquire into the matter as to at what level the tampring was done for initiating departmental proceedings. This order was challenged in appeal by Shri Roshan Lal, present petitioner before the Commissioner, Kangra Division, who vide order dated 5.3.2007 dismissed the same. This revision petition has been filed against the Commissioner's orders.

(3.) THE learned counsel for respondent argued that the aforesaid correction in the tatima was rightly ordered by the district Collector after thorough inquiry and scrutiny of Revenue records which had been tampered with by lower officials.