BANSI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under Section 17 of the H.P. Land Revenue Act has been preferred by Shri Bansi Lal s/o Shri Surju r/o Karara, Tehsil Arki, District Solan, against the order dated 20.9.1994 passed by the Divisional Commissioner, Shimla Division, Shimla in Revenue Appeal No. 146/94 where by the appeal of the petitioner/appellant was rejected.

(2.) Briefly stated the facts of the case are that on the report of Patwari Halqua dated 2.1.1973, the Assistant Collector II Grade, Arki initiated proceedings under Section 163 H.P. Land Revenue Act against the petitioner and finally vide his orders dated 27.3.1973, he passed ejectment orders against the encroacher (present petitioner) for encroaching the Government land comprised in Khasra No. 307/241/1 measuring 0 -1 Biswa situated in mauza Karara, Tehsil Arki. The petitioner further filed revision petition before the Financial Commissioner who set aside the order of Assistant Collector II Grade dated 27.3.1973 vide his orders dated 31.1.1975 and remanded the case to the Assistant Collector for decision afresh according to law.

(3.) The Assistant Collector again heard the parties and confirmed the earlier ejectment orders against the petitioner. Against the order dated 25.10.1975 of the Assistant Collector Arki, the petitioner again filed an appeal before the Collector, Arki which was dismissed vide orders dated 1.12.1975 by the Collector, Arki. Subsequent thereto the matter remained in litigation at different forums at the instance of the petitioner including before my learned predecessor, but the net impact of these proceedings was that, that the petitioners status on the land continued to be held as that of an encroacher and no reprieve whatsoever came to him from any Court. Latest order in this regard has been passed by the Commissioner Shimla Division on 20.9.1994 by which he has again reiterated that the land under encroachment of the petitioner is encroachment simpliciter and there is no Government policy or rule under which the encroachment could be regularised. The Commissioner accordingly held the ejectment valid.