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1982 Supreme(HP) 50

M.S.MUKHERJEE
RAMA NAND – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For Petitioners:Devinder Gupta. For Respondents: Amar Chand.

ORDER

1. In this order I would dispose of both the review cases as they refer to similar facts and points in issue.

2. Briefly speaking the facts of the case are that Shri Rama Nand and Shri Kishori Lai had originally applied before the Deputy Commissioner, Mahasu for sanction of Nautor lands for 9-6 bighas and 9-12 bighas respectively in the Revenue Estate Milion. The Deputy Commissioner in separate orders dated 25th May, 1964 sanctioned Nautor in favour of both these persons of areas as applied for by them. Shri Rama Nand was thus sanctioned Nautor in Kharsa No. 1015/83/1 and Shri Kishori Lal in Khasra No. 1015/83/2. While Shri Rama Nand and Kishori Lal had applied for land in village Milion, the other two persons, namely Shri Jiwanu Ram and Shri Dhan Sukh who were harijans had applied for Nautor in the same area and their applications had been submitted prior to the applications of Shri Rama Nand and Shri Kishori Lal.

3. Since Shri Jiwanu Rams case had been decided favourably by the Deputy Commissioner, he went in appeal before the Financial Commissioner (there was no Divisional Commissioner at that time). The learned Additional Financial Commissioner for a fresh decision by giving

























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