SHRI ISHWAR DASS Vs. WAZIR CHAND MISTRI

JUDGEMENT

(1.) This revision petition has been filed under Section 17 of the H.P. Land Revenue Act, 1954 against an order dated 18 -9 -1996 passed by the Divisional Commissioner, Kangra.

(2.) Brief facts of the case are that the respondent No.1 filed a complaint to the Government that some residents of village Ghiori, Tehsil Dehra had got their caste recorded as Lohars in the settlement record though they belong to Tarkhan caste. This complaint was sent to the Settlement Officer, Kangra who referred the same to the Tehsildar, Dehra for report. The Tehsildar, Dehra called for the residents through a proclamation for 17 -10 -1987. Some residents along with the complainant appeared before the Tehsildar on this date. On the next date of hearing fixed for 19 -11 -1987, the statement of the complainant was recorded. The Tehsildar submitted his report to the Settlement Officer on 16 -6 -1988 vide which he reported that the ancestor. Shri Jatu, of both Shri Wazir Chand as well as Shri Iswar Dass, the present petitioners were Tarkhan by caste. The Settlement Officer ordered on 13 -12 -1988 that all the decedents of Shri Jatu may be recorded as Tarkhan in revenue record. Shri Ishwar Dass filed an appeal before the Divisional Commissioner, Kangra who concluded that the ancestors of the appellant were in fact Tarkhan and therefore, the order of the Settlement Office was correct. He consequently dismissed the appeal on 18.9.1996.

(3.) The present revision petition ahs been filed on the grounds that the Tehsildar did not afford any opportunity to the petitioner. It ahs further been averred that the petitioner placed certain important documents before the courts below to prove that his caste is Lohar but this fact was not appreciated by any of the courts below.