ORDER S.S. Negi, I.A.S- This case has come up for consideration on a reference made by the Financial Commissioner-Cum-Secretary (Revenue) to the Government of H.P. vide letter No.Rev-2F(5)-5/76 - part 4 dated 14.9.1992 2. The facts of the case in brief are that during settlement operations of Mohal Tarna of Distt. Mandi. the Settlement Patwari Halqua made a report that Shri Har Sukh the father of the present petitioner had encroached upon the Government land measuring 46.77 sq. mtr. comprised in khasra Nos.1542. 1043 and 1554 Kita 3 situated to Mohal Tarna. Tehsil Mandi. On receipt of the report of Settlement Patwari. the Assistant Collector initiated proceedings and forwarded the case to the Settlement Collector Dharamshal for taking further action under Section 163 of H.P. Land Revenue Act. The Settlement, collector after perusal of the report of Naib-Tehsildar summoned Shri Har Sukh. but he did not appear before him and finally Settlement Collector passed ejectment order against him. Feeling aggrieved of this order of the settlement officer Dharamshala dated 18.8.1981. S/Shri Lal Chand and Bhup Chand sons of Shri Harsukh (Since deceased in 1983) filed an appeal before the Divisional Commissioner. Kangra at Dharamshala on the grounds that the impugned order was against law and facts on record and principles of natural justice for the reasons that the order had been passed behind their back and no opportunity of being heard was ever afforded and that the land in dispute was in their possession as owners since the time immemorial. 3. The learned Divisional Commissioner after hearing the present petitioners and going through the record concluded that the land in dispute was being claimed by the petitioners as part of land which was purchased by their father in the year 1950. The learned Commissioner accordingly accepted the appeal vide order dated 3.12.1986 and remanded the case to the District collector. Mand for decision afresh after verifying the veracity, of. affidavit as well as to examine the sale deed vide which they had alleged they and purchase the land in dispute. 4. On remand of the case by the Divisional Commissioner Mandi. the deputy Commissioner Mandi sought the report of District Revenue Officer. Mandi and on receipt thereof the learned Deputy Commissioner Mandi/District Collector accepted the appeal vide order dated 21.2.1990 and accordingly ordered the correction of revenue entries in respect of land Khasra No. 1542. 4. On remand of the case by the Divisional Commissioner Mandi. the deputy Commissioner Mandi sought the report of District Revenue Officer. Mandi and on receipt thereof the learned Deputy Commissioner Mandi/District Collector accepted the appeal vide order dated 21.2.1990 and accordingly ordered the correction of revenue entries in respect of land Khasra No. 1542. 1543 and 1554 measuring 46.77 sq. Mtrs. in the name of legal heirs of late Sh. Harsukh! according to their shares as per the instructions issued by the Honble F.C.(Revenue) H.P. vide letter No. 17-5/70 Rev. II dated 22.12.1986. 5. It is against this order of the District Collector. Mandi dated 21.2.1990 that the present revision petition has come up for hearing on a reference by the Financial Commissioner-cum- Secretary (Revenue) to the Government of H.P. for scrutiny of the impugned order of the Distt. Collector Mandi. 6. The matter has been heard and the records have been perused. 7. The only point in the reference is with regard to exercise of jurisdiction by the District Collector and it has been contended that the correction should have been orders to be made by the Settlement Collector. Nothing has been said as to the correctness of the entries ordered by the District Collector. 8. Perusal of the record show that the Distt. Collector has passed a well reasoned order in the matter after obtaining detailed report from the Assistant Collector concerned and the District Revenue Officer. The Distt. collector has noted in his order that the predecessor of the petitioners purchased an area of 1043-sq. meters vide the Sale deed executed in the year 1950. The area on converting into meters comes to 872.914 sq.meters. This area during settlement operations has been measured 760.53 s.q meters, thus a shortfall of 112-38 sq. meters was found in the area of the petitioner/or their predecessors in the settlement record. Thus the District Collector found that the decrease in area has been resulted partly from showing khasra Nos. 1542.1543.1554 measuring 46.77 sq. meters as belonging to Government. The District Collector found that these Khasra Nos. formed the area that belonged to the predecessor of petitioners in the pre- settlement record. Therefore there is no illegality in the order passed by the District Collector. Consequently there is no merit in the reference and is therefore order to be filed. 9. meters as belonging to Government. The District Collector found that these Khasra Nos. formed the area that belonged to the predecessor of petitioners in the pre- settlement record. Therefore there is no illegality in the order passed by the District Collector. Consequently there is no merit in the reference and is therefore order to be filed. 9. Orders be communicated to the parties and case file of this court be consigned to the record room after due completion -