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1994 Supreme(HP) 15

High Court Of Himachal Pradesh
D.P.SOOD,KAMLESH SHARMA
GIAN SINGH - Appellant
Versus
STATE OF H.P. - Respondent
Civil Writ Petition No. 206 of 1988
Decided On : 01/13/1994

Advocates Appeared:
For the appellant(s)/petitioner(s):S/Sh. K. D. Sood and K. C. Chauhan, Advocates. For the respondent(s):Ms. Shyama Dogra, Deputy Advocate General.

JUDGMENT

D. P. Sood, J — By this writ petition under Article 226 of the Constitution of India, the petitioners seek the relief of issuance of appropriate writ, direction or order, directing the respondents to: (i) complete the on going land revenue settlement operations as second Revised Settlement strictly in accordance with the intent of the two notifications one pertaining to the special revision of the existing record of right under section 33 of the H. P. Land Revenue Act, 1953 and the other for general assessment of land revenue under section 53 of the said Act. (ii) withdraw Instruction Nos. 2, 4 and supplementary instructions, Nos. 2, 23 and 32 of Compendium of Instructions, issued by the 4th respondent (Settlement Officer) ; (iii) bring up-to-date at re-settlement the field map of the previous settlement without recourse to re-measurement and preparation of the record of rights including wazib-ul-urs etc. strictly in accordance with Instructions contained in para 222 of the Settlement Manual read with Appendix XXI thereunder and consequently directing the deletion of Naksha Bartan illegally prepared and not to convert the classification of the Government waste land recorded in the revenue records as also in occupation of the estate-right-holders into various lands and directing the modification of the Government policy with respect to regularisation of encroachment detected during the settlement proceedings ; and (iv) direct the respondents not to hand over/deliver the revenue records to the revenue mohal staff till the completion of the settlement including assessment of land revenue, incorporated in the jamabandies.

2. The petitioners, being the right-holders owning immoveable properties, are residents of different revenue estates in Tehsils Rohru, Chirgaon and Dodra Kwar of District Shimla. The latter two tehsils were carved out from former-Teh. Rohru, a few years ago which formed part of princely State of Rampur Bushahar prior to independence.

3. On 23-8-1979, two Notifications, one pertaining to special revision of the existing record of rights under section 33 of the H. P. Land Revenue Act, 1953 (hereinafter shortly referred to as the Act) and the other for general assessment of land revenue under section 53 of the Act, were issued by the State Government (first respondent). Both these notifications were published in the H. P. Extraordinary Gazette dated 1-9-1979. For carrying out the revision of records operation, respondent No. 4 issued instructions and supplementary instructions from time to time (P-2I) (hereinafter referred to as compendium of instructions). The settlement operation was started in the year 1979. During the pendency of the revenue settlement operations carried on in the aforesaid tehsils, the petitioners found that settlement staff committed various illegalities and irregularities in carrying out the revision of the existing record of rights. They made grievances to the authorities concerned, but of no avail. Ultimately, they have filed the instant writ petition seeking various reliefs, referred to above.

4. The main case of the petitioners is that although the State Government issued the above said two Notifications with specific purpose for special revision of record of rights and general assessment of land revenue respectively, respondent No. 4 by executive instructions by way of compendium of instructions and supplementary instructions (P-21), issued by him, changed the nature of the settlement into Jadeed (new settlement) without having any authority of law in this behalf. Petitioners aver that procedure for bringing up-to-date at re-settlement the field map of the previous settlement without recourse to re-measurement as per instructions contained in Appendix XXI pursuant to paragraph 222 of the Punjab Settlement Manual, has not at all been followed nor the settlement has begun with an examination of existing maps forming part of the record of rights under section 32 of the Act. It is asser














































































































































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