HARI KRISHAN LAL Vs. SALOCHNA DEVI

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against the judgment dated 21.8.2003 passed by the learned Single Judge in CWP No. 1356 of 1996.

(2.) MATERIAL facts necessary for the adjudication of this Letters Patent Appeal are that notification under section 14 (1) of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 (hereinafter referred to as ˜the Act for brevity sake) was issued on 30.6.1986. Thereafter a scheme was framed. Predecessor -in -interest of Sh. Pawan Kumar (deceased) and respondents No. 4 to 6 were allotted land measuring 1 kanal 9 marlas of land. Proforma respondent Sh. Prem Chand preferred objections under section 30 (2) of the Act before the Consolidation Officer on 11.2.1987. Consolidation Officer allowed the objections on 30.8.1988. Thereafter predecessor -in -interest of respondents No. 1 to 3, Sh. Pawan Kumar, preferred appeal under section 30 (3) of the Act before the Settlement Officer. The Settlement Officer allowed the appeal on 4.10.1994. Appellant preferred a revision petition before the Additional Director Land Records, Shimla. He partly allowed the same on 6.2.1996. The predecessor -in -interest of respondents No.1 to 3 Sh. Pawan Kumar, Ramesh Kumar and Rajesh Kumar assailed order dated 6.2.1996 by way of CWP No. 1356 of 1996. The learned Single Judge allowed the writ petition on 21.8.2003. The present Letters Patent Appeal has been preferred against the judgment dated 21.8.2003.

(3.) LEARNED Advocate General and Mr. Ramakant Sharma have supported the judgment passed by the learned Single Judge.