1. That my father Late Shri Bal Krishan Gupta alongwith his four brothers purchased a land and subsequently as per personal understanding they have mutually partitioned the land and every individual owned 253 Sq. Mtrs.
2. That one Shri Bhudhish Chand had purchased adjoining land in year 1994.
3. That my father had passed away in the year of 2001 and I was not aware about the boundaries of my land. In the recent settlement operations and my land was considerably reduced by about 60 Sq. Mtrs. by the field functionaries of Settlement Department under the influence or in connivance with Shri Bhudish Chand from the eastern side of the plot, ignoring the fact that a structure of sewerage tank was in existence in reduced area. Accordingly, a case for correction of revenue entries bearing number 237/08 was filed by the respondent before the Learned Settlement Officer, Shimla.
4. That to remove the said sewerage tank from that position (vacate the possession) filed complaint u/s 133 of Cr. P.C. in SDM (R), Shimla, I have always shown my willingness to get the tank repaired and to remove the alleged nuisance what so ever occurs on account of this structure. However his efforts to do so have always been dashed down by Sh. Budish Chand by not allowing him to enter the tank premises for necessary repairs as the land on which said structure is exist, is under the possession of petitioner.
5. That the
6. That for revision of the orders passed by
7. That the Hon’ble SDM, Shimla (R) thereafter passed an order to chock the sewerage lines of my house depriving me with the basic amenity of sewerage.
8. That I have filed an CWP No. 7299/2011 in the Hon’ble High Court of H.P. for reinstating the facility of sewerage to me. The interim orders were passed by the Hon’ble High Court to reinstate the facility.
9. That in the CWP I have mentioned that as per revenue record the I am owner of land measuring 253 Sq. mts Khasra No. 430,431 and 432 situate in Mauja Dhainda Tehsil and District Shimla. During settlement operation my land has been reduced by 60 Sq. mts. In revenue papers i.e. in tatima, whereas in jamabandi the land is measured as 253 Sq. Mtrs. This discrepancy arrived after conducting Settlement Operations, this fact has been admitted by Deputy Commissioner Shimla on the facts of the enquiry held by SDM (R), Shimla in this regard vide letter No. Shimla (Lo-Shi0)-Shimla-1740 dated 3-10-2009. In the absence of physical possession of his own any suitable land he is not in a position to construct or reconstruct the tank.
10. That the Hon’ble High Court of HP, a Conciliator was appointed to resolve the issue amicably and submit a report to the Hon’ble Court. In the report of the Conciliator, it was stated that respondent will shift the sewerage tank or construct a new sewerage tank on an appropriate land owned and possessed by him within one month or at the earliest. The maximum limit of time was not fixed in this report keeping in view the fact that the matter of correction of revenue entries was pending before the Learned Settlement Officer, Shimla vide No. 237/08 and construction of tank in the absence of suitable land owned as well as possessed by the replying respondent, would not be possible. Further, the Hon’ble High Court of HP in order dated 22nd September, 2011 directed to abide by the terms and conditions contained in the conciliation report.
11. That being a law abiding citizen and has highest regard for this
11. That thereafter, Shri Bhudish Chand has filed a Civil Original Petition (Contempt) No. 616/2011, which was listed before the Hon’ble High Court of H.P. on 5th January, 2012, wherein having highest regard for the Hon’ble Court I have tendered my apologies to the Hon’ble Court verbally and submits that the land solely possessed at present by me i.e. measuring 193 Sq. mts, there exists a three storied residential structure and the remaining land of the mine measuring 60 sq. mts on which tank could be constructed or is in existence is under illegal possession of the petitioner and for the recovery of the same suit for correction of entry has been filed by the respondent before the Learned Settlement Officer, Shimla. The matter of correction of revenue entries is pending before the Settlement Officer, Shimla vide No. 237/08 and constructing tank in the absence of any other suitable land would not be possible.
12. The Hon’ble High Court of H.P. has granted me a period of 45 days to construct the sewerage tank from 5th January, 2012. I have always tried to behave in a bonafide manner and has upheld the sanctity of law and highest esteem to this
