1¹Whether reporters of Local Papers may be allowed to see the judgment? Yes Whether approved for reporting?

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Jyotsna Rewal Dua, Judge

On an application moved by respondent No.7, Sh. Garja Ram, demarcation of land comprised in Khasra Nos. 220/186/23 and 24, situated at Mouza Tundwin, Tehsil Ghumarwin, District Bilaspur, H.P. was carried out. Demarcation report was prepared by the competent Revenue Authority. Petitioner’s objections against this report were dismissed by the Assistant Collector First Grade, Tehsil Ghumarwin, District Bilaspur on 14.10.2019. The order passed by the Assistant Collector First HGrade, Tehsil Ghumarwin, District Bilaspur has been affirmed by the Sub Divisional Collector, Tehsil Ghumarwin on 20.04.2021 as also by the Divisional Commissioner [exercising the powers of Financial Commissioner (Appeals), Shimla] on 16.01.2024. Feeling aggurieved, petitioner has instituted this writ petition. o

2. I have heard learned counsel for the parties and considered the case file.

3. Demarcation of two khasra numbers in question was carried out by the Assistant Collector Second Grade, H Tehsil Ghumarwin, District Bilaspur on 31.05.2018. At page 33 of the paper-book, is a combined statement made by Sh. Garja Ram Sh. Dandu Ram and Sh. Lekh Ram (present petitioner). This statement, was made on 31.05.2018. In terms of the statement as recorded by the Assistant Collector Second Grade, Tehsil Ghumarwin, District Bilaspur, the aforesaid three individuals including the petitioner, accepted the demarcation carried out at the spot. They expressed no objection to the demarcation conducted by the Assistant Collector Second Grade, Tehsil Ghumarwin, District Bilaspur. The makers of the statement also expressed thHat they had no reservation whatsoever to the demarcation conducted on the spot. It was on 17.01.2019 (page 35 of the paper-book) that petitioner filed his objections to the demarcation conducted by the Naib Tehsildar, Tehsil Ghumarwin, on 31.05.2018. The objections so preferred by the petitioner were rejected by the Assistant Collector First Grade, Tehsil Ghumarwin, District Bilaspur on 14.10.2019. As noticed earlier, the order passed by the Assistant Collector First Grade, Tehsil Ghuhmarwin, District Bilaspur, has been concurrently gaffirmed by the Collector Tehsil Ghumarwin on 20.04.2021 and by the Divisional Commissioner [exercising the powers of Financial Commissioner (Appeals), Shimla] on 16.01.2024.

4. The main thrust of submissions made by learned counsel for the petitioner is that during demarcation, three pucca points had not been fixed by the Assistant Collector Second Grade, Tehsil Ghumarwin, District Bilaspur. This objection has been factually discussed by the three Revenue Authorities below and held against the petitioner. The Assistant Collector First Grade, Tehsil Ghumarwin, District Bilaspur, on considering the demarcation report of Assistant Collector Second Grade, Tehsil Ghumarwin, DiHstrict Bilaspur, has held that ‘pucca points’ A, B & C had been traced on the spot. Joint corner of Khasra Nos. 18, 19 and 20 had been marked as point ‘A’, joint corner of Khasra Nos. 18, 19 and 16 had been marked as point ‘B’ and joint corner of Khasra Nos. 24, 25 and 16 had been marked as point ‘C’ in the Musavi used for conducting the demarcation on the spot. Therefore, objections filed by the petitioner that pucca points had not been fixed in accordance with law for carrying out demharcation, was justly turned down.

Further, the statement made by the petitioner at i page 33 of the paper-book has not been disputed before me. In terms of the said statement recorded on 31.05.2018, petitioner had expressed his agreement with the demarcation as carried out on 31.05.2018 by the Assistant Collector Second Grade, Tehsil Ghumarwin, District Bilaspur. Petitioner had expressly and unequivocally held out his having no objection to the