STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This appeal by special leave is directed against judgment dated 7.5.2007 passed by the Division Bench of the High Court of Himachal Pradesh, whereby the writ petition preferred by the respondents was allowed and the orders passed by the Revenue Authorities were quashed, holding that every landowner of the family of one Dev Raj was entitled for a separate unit.

(2.) The facts in nutshell are that Dev Raj, predecessor-in-interest of the respondents herein, was holding land measuring 2400 kanals 9 marlas in village Kalroohi and Mubarikpur as owner. He was issued notice in form C-V in which area measuring 1767 Kanals 9 Marlas was proposed to be declared as surplus under the Himachal Pradesh Ceiling on Land Holdings Act, 1972. Instead of filing objection, the landowner filed a writ petition in which High Court directed that the determination of surplus area be made by the Collector. On 22.7.1976, the Collector, Una District passed an order holding that the land owned by wife of late Dev Raj namely, Smt. Kala Devi, and Yash Pal, Dharam Pal, Ram Pal sons of Dev Raj be excluded from the holding of landowner Dev Raj and all the members of the family holding land continue to enjoy rights therein to the extent of the determined permissible area. Thereafter, while deciding reference in revision, the Financial Commissioner, Himachal Pradesh remanded the case to the Collector for decision afresh in accordance with law after affording due opportunity to the respondents. After remand, the Collector Land Ceiling, Una passed order holding that Dev Raj and that of his family with Ram Paul being adult son on the appointed day i.e.24.1.1971, the landowner is entitled for two units of land as permissible area.

(3.) In appeal against the aforesaid order, the Divisional Commissioner, Kangra Division, on 30.3.1986, held that the provisions of Section 4(6) are very explicit under which the total land held by the family members has to be considered. In revision, the Financial Commissioner (Appeals) upheld the order of the Divisional Commissioner. Thereafter, successor-in- interest of Dev Raj filed writ petition before the High Court of Himachal Pradesh challenging the orders passed by the Revenue Authorities.