Gair marusi mutation/intkal appeal

Arun (Querist) 06 October 2023 This query is : Resolved
Respected Sir
Greetings for the day!

An application U/s 104 of the H.P Tenancy and land reforms Act 1972, filed in the court of Tehsildar cum Land Reform Officer with the following averments.

• That the applicant is recorded as non-occupancy tenants in the column of possession of the land comprised in khata/khatoni no. X Min/Y Khasra no. A, B kita 2 land measuring ###.## Sq. has situated in muhal PQR/###. That the applicants are in possession on the above mentioned land but still they are recorded as non-occupancy tenants in the column of possession of the land mentioned above.
• After perusal, the application was sent to the field agencies for a detailed report and verification of claims submitted by the applicants. Report from field agencies was received on dated…….. in which they reported that applicants has possession on khasra no. A,B Kita 2 Banjar kable Kast and Ger Mumkin Makan from last 50 years. However, as per revenue record no rent is paid by tenants to the Landowners which is mentioned as Bila Lagan Yakjadi Khandan. Hence, no land owner-tenant relationship is affirmed. Therefore, present case U/S 104 (3) of H.P Tenancy & Land Reforms Act 1972 can’t be processed and hence, appeal is dismissed.
(Tehsildar cum Land Reform Officer)

[Yakjadi means having common ancestor. Khandan (family)]

Thereafter, appellant(s) submitted appeal to the SDM court which was accepted for further hearings.

In the meanwhile through right to information act 2005, RTI replies revealed that in H.P state under same act and section such mutations for bila lagan tenants are done in the past, like Bila Lagan Bavajah Ristedari ( No Rent being Relatives) etc.

Also, it is confirmed that in the same tehsil where appeal was dismissed by Tehsildar cum Land Reform Officer, mutations are done in the past for bila lagan tenants under same act and section, Under Section 104(3) of the Himachal Pradesh Tenancy and Land Reforms Act. 1972.

Similarly Bila Lagan covers Bavjah Khidmat, Bavjah Raham, Bavjah Kabja, Bavjah Rajamandi, Bavjah Dharmarth etc.

At present, it is fourth generation in possession of the property.

Thanking you in anticipation of your valuable advice (to get the justice in SDM court itself and to avoid further legal struggle to get justice) in the interest of justice for unfortunate sufferers deprived of their rights from decades, since the inception of Himachal Pradesh Tenancy and Land Reforms Act. 1972.

Sincerely

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Quick Summary

This discussion concerns an appeal regarding a Gair Marusi mutation under the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The applicant, a non-occupancy tenant in possession for generations, had their case dismissed by the Tehsildar because no rent was paid, implying no landowner-tenant relationship. However, RTI replies suggest similar cases for 'bila lagan' (no rent) tenants have been processed previously under the same act, even within the same tehsil, for various reasons including kinship and service. The appellant is now seeking advice for their pending appeal at the SDM court.

T. Kalaiselvan, Advocate (Expert) 07 October 2023
If the case/appeal is pending decision by SDM court then you may have to wait for the disposal hence the details known through disposal to be seen to render any opinion in this regard

Arun (Querist) 07 October 2023
Thank you sir for your reply and suggestions.
Regards

T. Kalaiselvan, Advocate (Expert) 08 October 2023
You are welcome for your appreciations

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