Research › Search › Judgment

Himachal Pradesh High Court · body

2006 DIGILAW 300 (HP)

SHRI ISHWAR DASS v. WAZIR CHAND MISTRI

2006-09-22

RAJWANT SANDHU

body2006
ORDER 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. 4. The record of the case has been perused and counsel for Shri Ishwar Dass heard. Ex-parte proceedings have already been taken against Shri Wazir Chand Mistri, respondent. Counsel for the petitioner reiterated the history of the case and sought to prove that the occupation of Shri Ishwar Dass was that of Lohar and the revenue officers had wrongly rejected his claim in his regard. 5. Ex-parte proceedings have already been taken against Shri Wazir Chand Mistri, respondent. Counsel for the petitioner reiterated the history of the case and sought to prove that the occupation of Shri Ishwar Dass was that of Lohar and the revenue officers had wrongly rejected his claim in his regard. 5. However, the order of the learned Divisional Commissioner dated 18.9.1996 makes it clear that adequate opportunity has been given to Shri Ishwar Dass before effecting the changes in entries in the revenue record, to change the entry record his caste as Lohar in the settlement operations carried out in 1979-80 to Tarkhan as was shown regarding the common ancestor of the present petitioner and the respondents as per the old revenue record. In his order the learned Divisional Commissioner has referred to all the documents produced by the revision petition i.e. extracts of admission and withdrawal register pertaining to different educational institutions attended by Shri Ishwar Dass, copy of the jamabandi pertaining to 1971-72 in which Shri Chuhru Ram, father of the Shri Ishwar Dass was shown to be owning Nihali (Furance) and a copy of registered will in favour of Shri Ishwar Das showing him as Lohar etc. The learned Divisional Commissioner has concluded that Shri lashwar Dass right from the time of his father has been doing the work of blacksmith and on his basis the revenue staff had recorded the caste of the appellant and his children as Lohar. Since the ancestors of the appellant were recorded as Tarkhan therefore the correction orders passed by the learned Settlement Officers in this regard were in order and the learned Divisional Commissioner had therefore dismissed the appeal against the order of the Settlement Officer dated 13.12.1988. 6. The records of the proceedings before the settlement staff and the learned Divisional Commissioner show that the caste correction has been made on the basis of the pedigree table of Shri Ishwar Dasss family. Since this is the only basis for determining the caste, regardless of the occupation that one is presently pursuing, the Settlement Officer and the Divisional Commissioner have passed orders that are perfectly legal and warrant no interference. Hence, this revision petition is rejected. 7. Announced in the open court today the 22.9.2006 at Dharamshala. 8. Record of the courts below be returned and the case file of this court be consigned to the record after due completion.