CWP No. 1305 of 2006 21.6.2011 Present: Mr. Ramakant Sharma counsel for the petitioners. Mr. Rajesh Mandhotra, Dy. A.G. for respondents No. 1 to 4. Mr. Vinod Gupta counsel for respondent No.5. Affidavit has been filed by the Principal Secretary (Revenue) to the Government of Himachal Pradesh, which reveals that Nautor Case File No. 23/87 has been now found. In the main petition being CWP No. 1305 of 2006 on 2.4.2008 a Division Bench of this Court directed that the respondents should produce the entire record of the case. The record was not produced on 22.5.2008 and the matter was then adjourned to 5.6.2008. On 5.6.2008 two revenue officials i.e. a Patwari and Reader to the SDM were present. They had brought some record but the Division Bench found that this record was not the relevant record. Order dated 5.6.2008 reads as follows:- “Revenue officials of lower rank, one of the rank of Patwari and the other of the rank of Reader to the SDM, are present with some record. The record does not appear to be relevant. After questioning the two officials, we find that they were not communicated the description of the land with regard to which the record was required to be produced. That is why they have not been able to bring the record, the Court is looking for. They have been directed to produced on 26th June, 2008 the entire record pertaining to the land, in respect of which CWP No. 1305 of 2006 petitioner Smt. Thakur Mani made an application for grant of nautor in the year 1975, i.e. land which bore Khasra No.1/1 in Mauza Chak Karep, Khasra No.1/2 in Chak Kudande and Khasra No.492/1 in Chak Tarande, as also the record pertaining to the land allotted to respondent No.5 Man Singh, i.e. land bearing Khasra Nos.11 and 82/1, measuring 0-28-41 hectares situate in Up-Mohal Chhonda and Khasra Nos. 416/1, measuring 0- 30-64 hectares situate in Mauza Nigulsari, alongwith the nautor files of both, petitioner Smt. Thakur Mani No.31/1975 and respondent No.5 Man Singh No.24/1987. We also direct the Collector of the district to file an affidavit as to what were the old khasra numbers of the and allotted to respondent No.5 Man Singh and in which Mohals/Chaks the said land was situate prior to allotment of new khasra numbers during the recent settlement. He should also state in the affidavit whether any portion of the land applied for grant by way of nautor by the petitioner has been allotted to respondent No.5. If so, complete description, i.e. khasra number, name of the village and the area thereof should be given.” Pursuant to the directions of this Court an affidavit was filed by Shri P.S.Draik, the then Collector-cum-Deputy Commissioner, Kinnaur District at Rekong Peo and in para 2 and 3 of the affidavit it was stated as follows:- “2. That the nautor file No. 31/75 in respect of Smt. Thakur Mani Petitioner is not traceable and appears misplaced from Tehsil Office for which inquiry is being conducted by the Tehsildar Nichar and further action against the delinquent official will be taken accordingly. CWP No. 1305 of 2006 3. That nautor file No. 24/87 in respect of Sh. Man Singh, Respondent No.5 is also not traceable and appears misplaced and the official Shri Narender Kumar who is responsible for misplacing this file has been charge-sheeted.” Thereafter, the matter was admitted. Record was not produced despite other opportunities granted and the writ petition was disposed on 6th December, 2010 and the Secretary (Revenue) was directed to file an affidavit stating therein as to what action was taken against the erring officials. Now, the Principal Secretary (Revenue) has filed an affidavit stating that File No. 23 of 1987 which was missing has been traced out. In fact, what was stated in the earlier affidavit of P.S.Draik was that Nautor File No. 31 of 1975 relating to Smt. Thakur Mani and Nautor File No.24 of 1987 relating to Sh. Man Singh are missing. There is no explanation with regard to these files till date. The Principal Secretary (Revenue) is directed to file a fresh affidavit after conducting full inquiry in this regard. It would also be pertinent to mention that even if the files are traced out somebody should explain why these files were not produced before this Court when directions were specifically issued to produce the entire record. How did the files suddenly resurface when departmental action was CWP No. 1305 of 2006 initiated? This matter must be looked into. The Deputy Commissioner, Kinnaur District at Rekong Peo shall personally conduct inquiry into the matter within eight weeks from today. The Principal Secretary (Revenue) shall file his affidavit alongwith report of the Deputy Commissioner. List on 20th September, 2011. Dasti copy. 21st June, 2011. ( Deepak Gupta ) ™ Judge.