SUNIL KUMAR Vs. STATE OF H.P THROUGH DISTRICT COLLECTOR, SOLAN

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner Sh. Sunil Kumar under Section 65 read with Section 118 subsection 3 (C) of H.P. Tenancy and Land Reforms Act, 1974, against an order dated 25.2.2003 passed by the learned Commissioner (Revenue) H.P. in a Revenue Appeal No. 211/99 whereby the appeal filed by the present petitioner against the order dated 20.11.1999 passed by the Collector, Solan, was dismissed.

(2.) The facts of the case briefly stated are that on a report of Tehsildar Solan, the District Collector, Solan initiated proceedings under Section 118 of the H.P. Tenancy and Land Reforms Act, 1972 against the present respondent No. 2 and the present petitioner. He found that the present respondent No. 2 Smt. Nirmla Devi had purchased 262 Sq. Mtrs. of land comprised in khata khatoni No.371/998, khasra No. 974 situated in Mauza Bansal Patti Kather, Tehsil and District Solan vide Sale Deed No. 662 dated 19.11.1994 from the present petitioner Shri Sunil Kumar through his General Power of Attorney Shri Akash Singla son of Shri Gagan Swaroop Singla fraudulently by producing a certificate of being an agriculturist in the name of one Nirmla daughter of Sh. Munsi Ram resident of Village Nalhog Khas, Village Chausha, Tehsil Kandaghat, District Solan. Hence, it was concluded that the present respondent No. 2 being a non -agriculturist who was not entitled to purchase the land in Himachal Pradesh had managed to obtain the land on the basis of a forged document issued by the Patwari Halqua and thus had cheated the Sub -Registrar for executing the Sale Deed.

(3.) The learned District Collector Solan after hearing both the parties and going through the record held that the present respondent No. 2 Smt. Nirmla Devi had played a fraud by cheating the Sub -Registrar to execute a Sale Deed with regard to purchase of the land in dispute through a General Power of Attorney who was also her son. He therefore, ordered vestment of the property in question i.e. land comprised khasra No. 974 measuring 262 Sq. Mtr. Situated in Mauza Basal Patti Kathiar, Tehsil and District Solan along with the structure standing thereon, in the State of H.P. free from all encumbrances under Section 118 of H.P. Tenancy and Land Reforms Act, 1972 vide order dated 20.11.1999. Aggrieved by this order of the District Collector Solan dated 20.11.1999, Shri Sunil Kumar (present petitioner) filed an appeal before the Divisional Commissioner Shimla on the grounds that the order passed by the District Collector was based on surmises and conjectures. According to him, the learned Collector had failed to appreciate law and facts of the case and had reached upon a wrong conclusion. It was claimed that in a Civil Suit titled as "Sunil Kumar v. Smt. Nirmla," the learned Sub -Judge, Solan had held the Sale Deed No. 62 as wrong, illegal, and void and therefore the transaction so made on its basis had become void.