ANJANA MAHINDROO Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners in this case, who are daughters of late Kundan Lal Mahindroo, are aggrieved by the order dated 4.1.2008, Annexure P-26 (Colly), by which a prayer made by one of them, namely Anjana Mahindroo, for allotment of an alternative piece of land in lieu of the land, allotted in the year 1970 to their father Kundan Lal, has been rejected.

(2.) Kundan Lal, father of the Petitioners, was granted land measuring 2 Bighas 17 Biswas and 14 Biswansi in village Sanayardi of Tehsil Sadar, District Mandi, under Nauto Rules, vide Patta, Annexure P-1. In the year 1974, one Sham Lal was also allotted Nautor land measuring 4 Bighas 2 Biswas and 15 Biswansi and the land allotted to said Sham Lal, included the entire land which was earlier allotted to Kandan Lal, father of the Petitioners. In the year 1986, on coming to know that the land allotted to Kundan Lal, who was by then dead, had subsequently been allotted to Sham Lal, widow of Kundan Lal made a petition to Deputy Commissioner, who passed order Annexure P-4 for review of Nautor grant and made a reference to Divisional Commissioner for permitting him to review the Nautor Grant and to allot some alternative piece of land to the legal heirs of Kundan Lal. Divisional Commissioner passed order, Annexure P-5, to the effect that once the land had been granted to Kundan Lal, it ceased to be government land and, therefore, it could not have been re-allotted to Sham Lal and order of allotment in his favour was bad. Sham Lal filed a revision petition against the order of Divisional Commissioner, which was dismissed, vide order dated 16.1.1988, Annexure P-6.

(3.) After losing the revision filed before Financial Commissioner, said Sham Lal filed a suit in Civil Court for declaration that he had become owner by way of adverse possession of the land which had been allotted to Kundan Lal. That suit was decreed. Appeals filed by the legal heirs of Kundan Lal in the Court of District Judge as also in this Court were dismissed. Thereafter, in the year 1998, Petitioner Anjana Mahindroo submitted a representation to the Chief Minister for allotment of some other piece of land, under Nautor Rules, in lieu of the land which was allotted to her father Kundan Lal, in the year 1970 and which had subsequently been allotted to aforesaid Sham Lal. Said representation was sent to Financial Commissioner, who sent it to the Deputy Commissioner. Matter remained pending with the Deputy Commissioner for too long.