STATE OF HP Vs. YASHWANT SINGH

JUDGEMENT

(1.) This judgement shall dispose of RSA No. 379 of 2000 and RSA No. 179 of 2001, as common question of law is involved in both the appeals. Both the appeals have been directed against Whether the reporters of the local papers may be allowed to see the Judgment? common judgement and decree dated 5.5.2000 passed by learned District Judge, Bilaspur in Civil Appeal No. 4 of 1992 and Civil Appeal No. 85 of 1991 affirming the judgement and decree dated 30.9.1991 passed by learned Senior Sub Judge, Bilaspur in Civil Suit No. 58/1 of 1987/85. The facts in this judgement are given from RSA No. 379 of 2000.

(2.) The facts in brief are that respondent No.1 had filed a suit for declaration and permanent prohibitory injunction that he is owner in possession of land measuring 6-17 bighas, comprised in khasra No. 29/17, village Panyali, Tehsil Ghumarwin, District Bilaspur. He had sought declaration that order of Deputy Commissioner, Bilaspur dated 25.8.1974 and order of Divisional Commissioner dated 14.9.1984 are illegal and without jurisdiction. He had prayed declaration that if order of Deputy Commissioner and Divisional Commissioner are held to be legal, in that event, he cannot be ejected from the suit land without payment of compensation of house, which he has constructed over the suit land. A prayer for permanent prohibitory injunction has also been made. In the alternative, he has prayed for regularization of his possession.

(3.) The further case of respondent No. 1 is that he had applied for Nautor. The application for Nautor was sent to Forest Department, Revenue Department and for the report of Gram Panchayat Panyali. The application of respondent No.1 was processed by different agencies and the case came up before Sub Divisional Officer (Civil), Ghumarwin and only Forest Department had raised objection about the grant of Nautor. The land was granted to him on 6.12.1970 and patta was executed on 24.5.1971. The mutation was attested and possession of land was handed over to him.