Section 24 in The Himachal Pradesh Tenancy And Land Reforms Rules, 1975
24. Procedure for dealing with applications for resumption.
(1)On the receipt of the application under rule 21, the Land Reforms Officer shall issue a 10 days notice in Form LRVII to the parties asking them to be present before him on the date and place (within patwar circle) to be mentioned in the notice. On the date so fixed the Land Reforms Officer will hear the parties and if the selection of the land made by the landowner under rule 22 is mutually agreed upon by the parties, the Land Reforms Officer shall pass an order about the extinguishment of the rights of the tenant in such land. He shall further order that the possession of the land be given to the landowner from the date to be specified in the order. At the same time regarding the remaining land of such tenant or tenants the Land Reforms Officer shall confer proprietary rights on such tenant or tenants, as the case may be.(2)Where the selection of land made by the landowner under rule 22 is not mutually agreed upon between the parties, the Land Reforms Officer, shall ask the tenant to exercise the right of selection of land, in writing within one month from the date of issue of notice under sub-rule (1). On receipt of the choice of the tenant within the said period of one month the Land Reforms Officer shall hear the parties, and after having satisfied himself that the landowner is entitled to resume land under the provision of section 104 of the Act, shall pass orders regarding the land chosen to be retained by the tenant and also in respect of the land to be resumed by the landowner for1 personal cultivation, within two months from the date of receipt of Form LRV under sub rule (1) of rule 21. He shall further order the extinguishment of right of tenancy on the land resumed by the landowner and for handing over the possession of land to the landowner by the tenant or tenants, as the case may be after the crop is harvested. Regarding the remaining land of the tenant or tenants, the Land Reforms Officer shall confer proprietary rights of such land upon the tenant or tenants, and determine the amount payable by the tenant to the landowner in respect of that land.(3)Where part of the fields are involved in selection of land for resumption and to be left with the tenant, the tatima shajras will be prepared by the Patwari and checked by the Field Kanungo. The Revenue Officer will also check 25% of the tatima shajras.(4)While determining the amount payable by the tenant or tenants, as the case may be, to the landowner for extinguishment of his rights in land mentioned in subrule (2), the Land Reforms Officer shall follow the provisions of sub-section (5) of section 104.
