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2018 Supreme(HP) 1384
HIMACHAL PRADESH FINANCIAL COMMISSIONER, (APPEALS)
Shri Anil Kumar Khachi, IAS.
Shri Om Parkash - Appellant
Versus
State Of H.p. - Respondent
Revision Petition No. 121 of 2015
Decided On : 20-04-2018
Shri Pawan Kapraite, Ld. Counsel, for the Petitioner; Shri Umesh Mohan, D.A. (Rev.), for the Respondent/State
The central legal point established in the judgment is the interpretation and application of the amended provisions of the H.P. Village Common Lands Vesting and Utilization Act, 1974, in determining the exemption of land from vestment in the State.
Headnote:
H.P. Land Revenue Act 1954 - Land Revenue Act 1954 - Section 17
Fact of the Case:
The petitioner was accused of encroaching upon government land and was ordered to be evicted. The petitioner filed appeals and a revision petition, arguing that the land belonged to him and was exempt from vestment in the State under the H.P. Village Common Lands Vesting and Utilization Act, 1974, as amended in 2001. The courts below dismissed the appeals and revision petition.
Finding of the Court:
The court found that the land in question needed further examination to determine if it was exempt from vestment in the State under the H.P. Village Common Lands Vesting and Utilization Act, 1974, as amended in 2001. The case was remanded back to the Sub-Divisional Collector for a determination.
Issues: The main issue was whether the land in question was covered under the amended provisions of the H.P. Village Common Lands Vesting and Utilization Act, 1974, and if so, whether the petitioner had a valid claim to the land.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 3 of the H.P. Village Common Lands Vesting and Utilization Act, 1974, as amended in 2001. The court emphasized the conditions that needed to be satisfied for the land to be exempt from vestment in the State.
Final Decision: The case was remanded back to the Sub-Divisional Collector for further examination and the petitioner was directed to submit all relevant records in support of his claim within three months.
ORDER
Anil Kumar Khachi, I.A.S. - This revision petition under Section 17 of the H.P. Land Revenue Act 1954 (hereinafter referred to as ''the Act''), has been preferred against the order dated 18.6.2015, passed by the Ld. Commissioner, Shimla Division in Case No 250/2011 vide which the Ld. Commissioner has dismissed the revision of the present petitioner by upholding the order dated 19.8.2011, passed by the learned Sub-Divisional Collector, Kandaghat, District Solan, in appeal No. 1/2011, as well as the order dated 20.10.2011, passed by the Ld. A.C. 2nd Grade, Kandaghat District Solan, by case No. 1/2009.
2. Briefly stated, the facts of the case are that on the basis of a report dated 9.4.2009 of the Patwari, Patwar Circle Vakna, and endorsed by the Field Kanungo, the Assistant Collector, 2nd Grade, (AC 2nd Grade), Kandaghat, District Solan, initiated proceedings under Section 163 of the Act, against the present petitioner for encroaching upon Government land bearing Khasra No. 409/4/1, area measuring 0-7 bighas, situated in Mauza Rachhiyana, Tehsil Kandaghat, by raising construction thereon. After processing the matter the AC 2n Grade, vide his order dated 20.10.2010, passing in case No. 01/2009, ordered eviction of the petitioner from the land in question.
3. Feeling aggrieved with the orders dated 26.10.2010, passed by the ac 2nd Grade, Kandaghat, the present petitioner filed an appeal No. 01/2011, before the Ld. Sub-Divisional Collector, Kandaghat, mainly on the grounds that the appellant (present petitioner) is not at al anl encroacher on the land in question and his possession is legal and valid inn the eyes of law; that the revenue entries depicting the State of HP as owner in possession are wrong, illegal, null and void as the land in question is owned and possessed by the appellant (present petitioner) since the items of his ancestor; that in fact, the land question is part of land bearings khasra No. 1, which is recorded in the ownership column as ''Shamlat Deh hasab Rasad Arazi Khewat'' and possessed by the owners of village and same has been wrongly vested in the State under the H P. Village Common Lands Vesting and utilization Act, 1974 and is required to be reverted back to the appellant/villagers. After hearing the parties and having perused the record of the trial court, the Ld. Sub-Divisional Collector, Kandaghat, vide his order dated 19.8.2011 passed in case No. 01/2011, dismissed the appeal of the present petitioner observing that the land in question does not fall under the category of the land to be revered back to the land owners as per the amended provisions of the H.P. Village Common Lands Vesting and Utilization Act, 1974, as amended in 2001.
4. Still dissatisfied, the present petitioner filed a revision petition (No. 250/11, challenging the order dated 19.08/2011 passed by the Ld. Sub-Divisional Collector, Kandaghat, before the Ld. Commissioner, Shimla Division, on the similar grounds as were taken in appeal before the court below. The Ld. Commissioner, dismissed the revision petition vide his impugned order dated 18.6.2015. Hence, the present revision petition.
5. I have heard the Ld. Counsel for the petitioner and the District Attorney (Revenue) who appeared on behalf of the state of H P. The Ld. Counsel for the petitioner argued that the Ld. Courts below have miserably failed to appreciate the evidence and law in its true perspective. He further argued that as per jamabandi for the year 1914-15 till 1945-46 the land bearing khasra No. 4 area measuring 95-15 bighas, on a part of which the present petitioner has construct his residential house, was recorded as "Shamlat Deh Hasab Arazi Khewat" in ownership column of jamabandi and was in recorded possession of "Makbuza Malkan" and this land was earlier vested in the Nagar Panchayat as per provisions Punjab Vilalge Common Land (Regulation) Act, 1961 and thereafter on coming into force the H.P. Village Common Lands Vesting and Utilization Act, 1974, the
