TEJ RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This letters patent appeal has been directed against the judgment dated October 15, 1968, of the learned single Judge, V.S. Deshpande, J. who dismissed the appellant's writ petition under Articles 226 and 227 of the Constitution of India praying for the quashing of the order dated April 1, 1966 of the Collector, for ejectment of the appellant from certain land.

(2.) According to the appellant he was the owner and in possession of three plots of land measuring 21 Bighas and 10 Biswas contiguous to his other fields situated in Phati Dhallan Kothi Bhallan, Tehsil Seraj. District Kulu. The said land was a part of the waste land in Rupi Jagir which was owned by Rai of Rupi subject to the right of cutting grass therefrom, vesting in the proprietors in the village and of the ownership in the trees standing thereon, in the Government. Out of this land an area of 2 Bighas and 5 Biswas was admittedly transferred to the appellant on Nautor Patta by the Rai of Rupi in the year 1959 vide mutation No. 476 sanctioned on September 19, 1959. The remaining land of the three plots measuring 19 Bighas and 5 Biswas had been broken and used by the appellant, for cultivation and horticulture and in which according to the appellant. he had acquired title and possessory rights as he had been using the same for more than 16 years.

(3.) spondents Nos. 4 to 8 right-holders in the same Phati, made an application to the Deputy Commissioner, Kulu, through the Naib-Tehsildar, Seraj for taking necessary action against the appellant, for, according to them, the appellant had encroached upon the said land. Proceedings were started by the revenue authorities and the impugned order was passed by the Collector (respondent No. 3) on April 3, 1966, in the following terms:-