NARAIN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this judgment, we propose to dispose of two writ petitions, namely, C.W.R. No. 851/96 and C.W.P. No. 1192/96, as common questions of law and fact arise in both these cases. C.W.P. No. 851/96 has been filed solo by Narain Singh while C.W.P. No. 1192/96 has been filed by three persons, namely, S/Shri Surat Singh, Shiv Singh Tegta and Murki Lal. In both these cases challenge has been laid to the various provisions as regards the constitutional validity of the Himachal Pradesh Land Revenue (Amendment and Validation) Act, 1996, hereinafter to be called the Act of 1996, in so far as it is stated to be in conflict and inconsistent with the original provisions of the various Sections of the Himachal Pradesh Land Revenue Act, 1953 (Act No. 6 of 1954), hereinafter called the Principal Act.

(2.) The facts leading to the filing of these petitions are that the Petitioners of C.W.P. No. 1192 of 1996 and six other land owners of Tehsil Rohru and Chirgaon, District Shimla had earlier filed C.W.P. No. 206 of 1988, titled as Thakur Gian Singh and Ors. v. State of Himachal Pradesh and Ors. seeking the following reliefs:

(3.) After contest by the State and other three Respondents herein, who are none other than various functionaries of the State Government, the said writ petition was disposed of by a well reasoned and detailed judgment of a Division Bench of this Court dated 13.1.1994. While accepting the said writ petition, this Court issued the following directions: