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1981 Supreme(HP) 40

H.S.THAKUR, V.P.GUPTA, V.D.MISRA
MANGHERU – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Petitioner:Bhagat Ram Sharma, Advocate. For the Respondent:Inder Singh, Ad. General, M. L. Sharma, K. D. Sud, Devinder Gupta, Advocates.

JUDGMENT

V. D. Misra, C. J.—The Full Bench was constituted to reconsider some of the points decided by a Division Bench of this Court in Percy Chauhan v State and another, [ILR 1979 HP 35].

2. We may notice the relevant facts of Civil Writ Petition No. 219 of 1980. The petitioner was granted land measuring 7 bighas 9 biswas in village Suka Bag, Tehsil Jogindernagar, District Mandi, vide order dated 23rd August, 1972 of the Sub-Divisional Officer (Civil) Jogindernagar, District Mandi, under the Himachal Pradesh Nautor Land Rules, 1968. Thereafter a patta was issued under Rule 18 (c) on 19th June, 1973. Respondents Nos. 3 and 4 challenged the grant by way of an appeal before the Special Collector, District Mandi. This appeal was dismissed on 27th June, 1975. Though the Special Collector found that the petitioner was holding land in excess of 20 bighas at the time of the grant of the land, he refused to interfere on the ground that the petitioner had already built a house and a shop on a part of the land granted to him. These respondents went in revision to the Divisional Commissioner who by his order dated 16th February, 197/ recommended the revision to the Financial Commissioner. The




























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