ORDER These are two revision petitions which are being disposed of by this single order for the reasons discussed herein under. 2. The petitioners presented an application for correction of Khasra Girdawari entries pertaining to khasra No.544 min, measuring 1-8 bighas situated in Mauza Dehari, Tehsil Kandaghat, Distt. Solan, before the Assistant Collector 1st Grade on the grounds that one Shri Sewak Ram, who was in recorded possession over the same had died executed a Will in their favour according to which they had inherited all the property of the deceased Sewak Ram. This application was rejected by the Assistant Collector 1st Grade vide an order dated 23.7.1993 who held that the said land was in the ownership of the State Govt. and though the deceased Sewak Ram had been in recorded possession over the same, the present petitioners could not be recorded as being in possession over the same by virtue of a Will executed by the deceased. The order dated 23.7.1999 of the Assistant Collector 1st Grade was assailed in appeal by the petitioners before the Sub-Divisional Collector, Kandaghat who rejected the same on 28.10.1993. The Division who also dismissed the same vide an order dated 31.7.1995 which has been assailed in revision petition No. 669/95 before this Court. 3. Durlng the pendency of the present revision petition, proceeding under Section 163 of the H.P. Land Revenue Act were initiated against the petitioner No.1, Shri Jagdish Chand for encroaching 0-16 Biswas of land out of the aforementioned khasra No. 544 measuring 1-8 Bighas which is the subject matter of revision petition No.339/98. Shri Jagdish Chand was ordered to be ejected from the said land by the Assistant Collector 1st Grade, Kandaghat on 31.3.1997. Shri Jagdish Chand filed an appeal before the Sub-Divisional Collector, Kandaghat on the grounds that since Shri Sewak Ram who had been in recorded possession of this land, had executed a Will in his favour and therefore he cannot be held to have encroached upon the said land and that in similarly situated other cases, mutations have been attested in favour of persons in column of possession. The learned Collector after hearing the matter, dismissed his appeal. He filed a revision petition before the Commissioner, Shimla Division who held that the Collector had not given adequate attention to the petitioners plea that in similarly situated cases mutations had been attested in the columns of possession. The learned Collector after hearing the matter, dismissed his appeal. He filed a revision petition before the Commissioner, Shimla Division who held that the Collector had not given adequate attention to the petitioners plea that in similarly situated cases mutations had been attested in the columns of possession. He has therefore, vide order dated 7.12.1998 and is being disposed of alongwith revision petition No. 669/95 as facts of both the matter are interrelated. 4. The record of the courts below have been called for examined and the arguments advanced by the learned counsel for the petitioners as well as the learned D.A. (Rev.) for State have been heard. 5. Shri P.C. Sood, learned counsel for petitioners has argued that Shri Sewak Ram deceased who was the real brother of Shri Basti Ram, father of the petitioners, had executed a Will of his entire property in favour of the petitioners Shri Jagdish Chand and Radha Krishan. Both of them are in possession over the land in dispute which was in recorded possession of the deceased Shri Sewak Ram. The learned counsel further argued that since the petitioners, have inherited the rights and title of Shri Sewak Ram, their name should have been entered in the column of possession of the land in dispute also. Under these circumstances, the learned counsel for petitioners asserted that Shri Jagdish Chand cannot be held to have encroached upon the said land. He also presented a copy of mutation No. 379 attested on 31.7.2004 vide which Shamlat land in the concerned revenue village Dihari which had been vested in the State of H.P. consequent to enactment of the H.P. Common Land (Vesting and Utilization), Act 1974 has been reverted back to the status of "Shamlat Deh owing to an amendment to this effect carried out in the Act. The learned counsel has contended that as a consequence of the amendment in the Act ibid, and the subsequent mutation the land does not belong to State Govt. but to the estate right holders. 6. The learned Distt. The learned counsel has contended that as a consequence of the amendment in the Act ibid, and the subsequent mutation the land does not belong to State Govt. but to the estate right holders. 6. The learned Distt. Attorney (Rev), appearing on behalf of the State/has argued that the land had been vested in the State of H.P. under the provisions of H.P. Common Land (Vesting and Utilization), Act, 1974 and thereafter Shri Sewak Ram could not have continued to be in possession over the same Consequently, any Will executed by Shri Sewak Ram had no effect qua the land in dispute, he further argued. 7. Having heard the arguments advanced and perusing the entire record, I find that the land having reverted back to the ownership of Shamlat Deh consequent to the amendment in the H.P. Common Land (Vesting and Utilization) Act 1974 which has been given effect to in the revenue records vide mutation No. , 379 dated 31.7.2004, the entire controversy, has assigned a new turn of events. The entries as have been incorporated in the record now have a force of law and shall therefore prevail over all orders passed in this matter. 8. For the reasons discussed hereinabove, the revision petition No. 669/95 as Well as the recommendation of the learned Divisional Commissioner Shimla dated 07.12.1998, are accepted and it is ordered that the inheritance of Shri Sewak Ram quo the Khasra No. 544 min measuring 1-8 bighas shall now devolve upon his legal heirs as per law. 9. Announced in the open court today the 27th July, 2005 at Solan. 10. Order to communicated to respondent. Record of lower courts be returned and case file of this Court be consigned to the record room after due completion. -