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Judgment
Dharam Chand Chaudhary
This judgment shall decide the lis in the nature of public interest brought to this Court by one Mr. Shamil Chand, a senior citizen against the transfer of Government land situated at Dharamshala in the name of S/Sh. Gurpreet Singh and Gurbhajneek Singh by the revenue staff during the Settlement Operations carried out in that area. In the petition addressed to one of us (Justice Kurian Joseph, The Chief Justice), it has also been submitted that a request was made to Dr. D. S. Minhas, D. G.P. Anti Corruption, Department of Himachal Pradesh however, no action has yet been taken in the matter. On the previous date, this Court had passed the following order:
The 8th respondent will stand deleted and the respondents will be impleaded as follows:-
The Director General of Police
The State Vigilance Anti Corruption Bureau, Shimla.
Reply within six weeks. Post on 14.3.2012.
In compliance with the above order, reply to this petition has been filed on behalf of respondents No. 1 to 3 & 6. Although, 4th, 5th, 8th & 9th respondents have not filed their response to the petition, yet for the reasons to be recorded hereinbelow, this petition can be disposed of, in view of the reply thereto filed on behalf of respondents No. 1 to 3 & 6 alone.
It is relevant to make a reference to the order Annexure P-1 dated 4.12.2009, passed by the Divisional Commissioner, Kangra at Dharamshala, Division Kangra in revenue appeal preferred by Shri Shamil Chand aforesaid. A perusal of this order reveals that Commissioner below had arrived at a conclusion that during the settlement operations ''Shamlat'' (Government) land measuring 429.15 kanals has been entered in the name of S/Sh. Gurpreet Singh and Gurbhajneek Singh, illegally and fraudulently by the settlement staff in collusion with them. Therefore, the Commissioner below had set aside the orders passed by the Settlement Collector, on 22.8.1998 and a direction was given to correct the revenue entries pertaining to this land in accordance with law. Now if adverting to the reply to the writ petition, against the above order of learned Divisional Commissioner, Kangra at Dharamshala, one appeal bearing registration No. 3 of 2010 has been filed by Sh. Nirman Singh Gill and others and another bearing registration No. 334 of 2001 by Sh. Gurmeet Singh before Financial Commissioner (Appeals), Himachal Pradesh. Shri Shamil Chand aforesaid is one of the respondents in these appeals. The Financial Commissioner (Appeals) vide order Annexure R-1 and Annexure R-2 had stayed the operation of the impugned order and also requisitioned the record. The subject matter of dispute as brought to this Court by way of present petition is thus still sub-judice before the Financial Commissioner (Appeals), Himachal Pradesh in the above revenue appeals. In this view of the matter, the present writ petition being premature is not maintainable at this stage. In view of the above, this writ petition, is accordingly dismissed.