IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.36 of 2000 Date of decision: 20.10.2011. ------------------------------------------------------------------------------------------------ Bhola Nath and others Petitioners Versus State of H.P. & others. Respondents Coram: The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting1? No For the petitioners : Mr.N.S. Chandel, Advocate. For respondents No.1 : Mr. J.S. Guleria, Assistant A.G. to 3. For respondents No.4 : Mr. Imran Khan, Advocate. to 6. Justice V.K.Ahuja (Oral). The petitioner by way of this petition under Article 227 of the Constitution of India, has challenged the order dated 27.4.2000, passed by the Additional Director, Consolidation of Holdings, H.P., Shimla exercising the powers of the State Government under Section 54 of H.P. Holdings(Consolidation and Prevention of Fragmentation) Act, 1971. 2. A notice of the petition was issued to the respondents. 3. I have heard the learned counsel for the parties and have gone through the record of the case. 4. The case of the respondent-State is that land measuring one Bigha comprised in Khasra Nos. 1206, 1356, Whether the reporters of Local Papers may be allowed to see the Judgment? 1349 and 1359 was gifted by its previous owner late Souju predecessor-in-interest of respondents No.4 to 10 in favour of the Education Department for construction of the School. The land was admittedly in the joint khata and was not entered in the exclusive name of the person making the gift at that time. However, the Education Department took possession of the land gifted as per the report of the Tehsildar. 5. During consolidation, new numbers of the land was carved as Khasra No.1147,1148,1149 and 1157 measuring 0-13-0 Bighas. 6. During the course of hearing in this case, this Court had directed that the Naib Tehsildar, who was present in the Court to submit report after due demarcation as to on which Khasra Numbers the School is situated. He was asked to carry out the demarcation and submit his report through the State Govt. Counsel in the Court. The said report was placed on record by the Naib Tehsildar, who has opined as under: “It was found by him that on Khasra No.1357 land measuring 0-6-16 Bighas there is a Primary School building and the School is in possession of this Khasra Number. It was pointed out by him that the land measuring 0- 13-0 Bighas comprised in Khasra Nos. 1147,1148, 1149 and 1157 is entered in the name of Education Department.” 7. Therefore, once the land had been found in possession of the Education Department and the building of the Primary School also exists over these Khasra Numbers, these are not required to be allotted in favour of the petitioners and as such the petitioners were not entitled to any relief, in so far as these Khasra Numbers are concerned, which prima facie are in possession of the Education Department. Therefore, no infirmity or illegality can be found in the order passed by the Additional Director, Consolidation of Holdings affirming the order of the Settlement Officer, Consolidation, in so far as the School and the land in possession of the Education Department is concerned. 8. In case any grievance is left out to the petitioners, they may approach before the Competent Court of law. 9. With these observations, the petition stands disposed of. Pending application(s), if any, shall also stand disposed of. October 20, 2011. ( V.K. Ahuja ) (mlg) Judge.