CMPMO 393 of 2008 1.10.2008 Present: Shri R.R. Rahi, Advocate, for petitioner. Ms. Ruma Kaushik, Addl. A.G. for respondent No. 1 &2. CMPMO No. 393 of 2008 Ms. Ruma Kaushik, Additional Advocate General appears and waives the service of notice on behalf of respondents No.1 and 2. This petition has been preferred by the petitioner herein challenging the proceedings under Section 163 instituted under the provisions of the Himachal Pradesh Land Revenue Act. Submission made by learned counsel appearing for petitioner is that there is no jurisdiction with the Assistant Collector IInd Grade before whom these proceedings have been initiated. He has referred to Section 163 of the Himachal Pradesh Land Revenue Act, 1953.Sub-section 3 reads as under:- “When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Officer, not below the rank of an Assistant Collector of the First Grade, shall proceed to determine the question, as if he, were a civil court and shall exercise all such powers as are exerciseable by a civil court.” A bare reading of this Section makes it clear that all proceedings under Section 163 of the Act ibid for determination of title etc. are to be initiated before an Officer not below the rank of Assistant Collector Ist grade. The documents filed in this petition (which facts are not disputed) show that proceedings have been conducted by the Assistant Collector IInd Grade, Kotli. In these circumstances,this petition -2- is accepted. Proceedings under Section 163 of the H.P. Land Revenue Act initiated against the petitioner are quashed and set aside. It shall not preclude the State from initiating appropriate action in accordance with law before a competent Officer. Petition stands disposed. There shall be no order as to cost. October 1, 2008(ms) (Dev Darshan Sud), J.