SANT RAM Vs. RATTNI DEVI

JUDGEMENT

(1.) This revision petition is directed against the order dated 25 -10 -1986 passed by the learned Divisional Commissioner, Mandi, in nautor appeal No - 108/86 titled as Sh. Sant Ram v. Smt, Rattani Devi. The petitioner has challenged the propriety and legality of the impugned order ((THELAW))n the ground that he, being a poor harijan, was identified as landless/eligible person under the H. P. Grant of Land to Landless/otrjer Eligible Persons Schemes, 1975 (hereinafter described as Nautor Scheme) and that the Tehsildar Sadar, Bilaspur, vide his order dated 22 -6 -1979 had sanctioned in his favour an area measuring 3 -10 bighas, comprised in Khasra No. 141/1 situated in Revenue Estate Bhadiat, Tehsil Bilaspur under the Scheme ibid. Besides, his brother Sh. Nikka Ram too, was granted land comprised in Khasra No. 141/2 measuring 3 -10 bighas in the same revenue estate under the above scheme. The Pattas were given to the grantee, and mutations were attested. Further, possession of the lands was also delivered to the petitioner and since 1979, the grantee has been allegedly cultivating the land. But, this grant, it is alleged, was wrongly later on rejected by the Tehsildar by a fresh order dated 5 -12 -1980 on the ground that the land in question already stood sanctioned in favour of Smt. Rattani Devi (present respondent) under the Re -settlement and Re -habilitation of Bhakra -Dam Oustees (Grant of Land) Scheme, 1971 (hereinafter described as Oustees Scheme) by a previous order of the Deputy Commissioner, Bilaspur, dated 23 -1M972.

(2.) It has also been contended by the petitioner in his petition that when the grant of the land in dispute had been made in his favour, the same was Banjar at site and that the same was not possessed by anybody. Therefore, he has already spent huge amounts on the land and has brought the same under cultivation. He has also challenged the validity of the allotment of the land in favour of Smt. Rattani Devi, an oustee of the Bhakra Dam (present respondent), alleging that the mother of Smt. Rattani Devi was in fact the oustee and not Smt. Rattani Devi, the respondent. Moreover, Rattani Devis mother had already been granted 10 -0 bighas of land under the Oustees Scheme. So, the respondent, Smt. Rattani Devi, the petitioner has contended, could only get the share out of her mothers grant. The petitioner has further alleged that Smt. Rattani Devi was not a needy person. Had she readliy been in need of the land, the petitioner has argued, she would have cultivated the land soon after receipt of original allotment order in her favour.

(3.) From the records, however, it appears that the land comprised in Khasra No. 141/1 (measuring 3 -10 bighas) situated in village Bhadiat, Tehsil Bilaspur, was sanctioned in nautor by Tehsildar on 20 -6 -1979 in favour of Shri Sant Ram, the petitioner, under the provisions of the Nautor Scheme. In another case, the petitioners brother, Shri Nika Ram, was granted nautor under the same scheme for the land comprised in Khasra No. 141/2 (3 -10 bighas) situated in the same Village, again vide Tehsildars order dated 25 -6 -1979. So, two plots bearing Khasra No. 141/1 (3 -10 bighas) and Khasra No. 141/2 (3 -10 bighas) were granted to the petitioner and his brother by the Tehsildar in June, 1979. But the possession on record eventually turned out to be otherwise. This is because these two plots had already been allotted by the Deputy Commissioner, Bilaspur by his previous order dated 31 -3 -1977 in favour of Smt. Rattani Devi, the respondent and that this allotment had been made under the Oustees Scheme. Further, under the said order of the Deputy Commissioner, according to record Smt. Rattani Devi, respondent, had already bean given possession of these lands and the requisite patta has also been issued. This had been done much prior to the subsequent allotment of the same lands in favour of the petitioner Shri Sant Ram under the Nautor Scheme.