The powers of review and revision under the Himachal Pradesh Nautor Land Rules, 1968 could only be exercised within a reasonable time, which was ordinarily three years from the date of the grant or from the date of knowledge of fraud, whichever was earlier.

V. D. Misra, C. J.—The Full Bench was constituted to reconsider some of the points decided by a Division Bench of this Court in Percy Chauhan v State and another, [ILR 1979 HP 35].

2. We may notice the relevant facts of Civil Writ Petition No. 219 of 1980. The petitioner was granted land measuring 7 bighas 9 biswas in village Suka Bag, Tehsil Jogindernagar, District Mandi, vide order dated 23rd August, 1972 of the Sub-Divisional Officer (Civil) Jogindernagar, District Mandi, under the Himachal Pradesh Nautor Land Rules, 1968. Thereafter a patta was issued under Rule 18 (c) on 19th June, 1973. Respondents Nos. 3 and 4 challenged the grant by way of an appeal before the Special Collector, District Mandi. This appeal was dismissed on 27th June, 1975. Though the Special Collector found that the petitioner was holding land in excess of 20 bighas at the time of the grant of the land, he refused to interfere on the ground that the petitioner had already built a house and a shop on a part of the land granted to him. These respondents went in revision to the Divisional Commissioner who by his order dated 16th February, 197/ recommended the revision to the Financial Commissioner. The petitioner also appealed against the order of the Divisional Commissioner to the Financial Commissioner. The Financial Commissioner by his order dated 15th July, 1980 revoked the grant to the extent of 4 bigfoas9biswas and allowed the petitioner to retain 2 bighas 9 biswas of land on Which he bad constructed a shop and a house.-He further directed that since the shop had been constructed Without authority, the petitioner should pay the prevailing market price of the land. The Financial Commissioner had revoked the grant on the ground that the petitioner had sufficient income and was holding more than 20 bighas of land.

3. The petitioner contends, amongst others, that respondents Nos. 3 and 4 never raised any objections before the grant of the nautor land and issuance of patta and, therefore, had no right to challenge the grant, and that the Financial Commissioner had no1 jurisdiction or authority to cancel or modify the grant after the issuance of patta. H is contended that the only alternative for the State after the issuance of patta is to refer the matter for arbitration of the competent authority. The case of Percy Chauhan is made the basis of the contention that after one year of the grant of patta the grant cannot be cancelled by the1 authorities and- the only remedy is to have the matter decided by an Arbitrator.

4. We allowed other Lawyers to intervene in view of the fact that similar points were raised by them in otter Writ petitions.

5. The Himachal Pradesh Nautor Land Rules, 1968 define What a Nautor land is. Rule 3 te the definition section. Clause (a) of this rule defines Nautor land thus ; " Nautor Land means the right to utilize, with the sanction of the competent authority waste land owned by the Government outside the towns, outside the reserved1 and demarcated protected forests, and outside1 such1 other areas1 as may be notified from time to time by the State Government in this behalf for any of the purposes mentioned in Rule 5 : ......"

6. Clause (d) defines "resident" in the following words; " Resident means a bond fide resident of Himachal Pradesh who either holds land in a revenue estate or has seasonal abode and has been living there from: generation to generation and includes such bona fide estate artisan, landless agricultural labourer permanently settled in the particular Revenue Estate for not less than 10 years and works there for profit or gain, ......"

7. Rule 5 lays down the purposes for which the Nautor land may be granted. Rule 5 provides for the maximum limit of grant for various purposes. Rule 7 lays down the categories of persons eligible for the grant of Nautor land. The rule reads : "Eligibility for Nautor Land.—Save for the widow and the children of a member of an armed force or semi-armed force, who has laid down h