The principle of natural justice, specifically audi alteram partem, must be adhered to in administrative decisions.

ORDER

Narinder Chauhan, I.A.S. —This revision petition has been preferred under section 17 of the H.P. Land Revenue Act, 1954(hereinafter referred to as ''the Act''), against the order dated 14.6.2011, passed by the Ld. Commissioner, Kangra Division, in Appeal No. 270/2004, whereby the appeal of the present petitioner has been dismissed bh upholding the order dated 30.06.1999, passed by the Id. Settlement Collector, Kangra in case No. 94/99/S.O., allowing the application for correction of entries filed by the respondent.

2. Brief facts of the case are that Shri Ishar Singh, present respondent filed an application on 7.8.1986,before the Settlement Collector, Kangra at Dharamshala, for correction of revenue entries (Karukans) of Khasra No 1058, carved out of old khasra no.586, situated in village Panoh, Tehsil & Distt. Una, stating therein that prior to settlement the northern line of old khasra no.586 was 29 karams and during settlement operation this line has been recorded as 32 meters, whereas it should have been 43 meters. Similarly, southern line has been wrongly measured as 26 meters whereas it should have been 39 meters. That in khasra no.765 a path has been wrongly shown whereas it should have been shown in khasra no.645, as is evident from old khasra no.585. Further, that western line of khasra no.1070 has also been shown as 21 meters whereas it should have been 14 meters, and the northern line of this khasra no should have been 48 meters instead of 44 meters. That the western line of khasra no 1066 has been shown as 9 meters whereas it should have been 7 meters, as per old khasra no.579. That due to these anomalies, the area of khasra no.1080,1059 has been increased resulting in sufficient decrease in area of khasra no. 1064 which is abadi'' of the applicant. After getting the matter enquired into through the field staff, Settlement Collector, Kangra at Dharamshala vide order dated 30.6.1999, passed in Misal No.94/99/S.O., allowed the application and ordered the correction of karukans in respect of khasra nos.1071-1072,1058,1066 and 1079.

3. Feeling aggrieved with the dated 30.6.1999, of the Settlement Collector, the present petitioner filed an appeal before the Commissioner, Kangra Division, inter alia on the grounds that the order passed by the Settlement Collector has caused an irreparable loss and legal injury to the appellant (present petitioner), that the order has been passed by the lower court behind the back appellant without giving any notice and opportunity to defend his right which is against the principle of natural justice. That the appellant came to know about this order in the second week of October, 2003, when respondent threatened, to take forcible possession of the land. That on inquiry from the department and after obtaining copy of the order on 10.11.2003, he immediately filed an appeal. The Id. Commissioner, vide order dated 14.6.2011, dismissed the appeal No. 270/2004, by upholding the orders of the Collector Settlement. Hence, this revision petition has been preferred before this court on the same grounds as were taken before the Commissioner.

4. I have heard the Id. Counsel for the petitioner and the order under revision has been announced behind the back of the petitioner without giving any notice to him for 14.11.2011, because as per zimni order of the Commissioner, the date of hearing was given to the parties for 19.1.2011, and 8.6.2011, but the case was taken up on 14.6.2011, the Id. Commissioner has mentioned that one is present for appellant but in the final order it has been mentioned that arguments on behalf of parties were heard, which is itself contradictory, as such, the order of the lower courts are liable to be set aside and the matter be remanded back to the Settlement Collector for a fresh decision.

5. In reply, the respondent has argued that the Settlement Collector has rightly ordered the correction of the dimensions/karukans on the basis of report of Naib-Tehsildar and as per