STATE OF HIMACHAL PRADESH Vs. LACHHU RAM

JUDGEMENT

(1.) This petition is filed against the order passed by the District Judge, Bilaspur in Civil Appeal No. 80 of 1997.

(2.) It appears that against the respondent, proceedings were initiated under the provisions of the Himachal Pradesh Land Revenue Act, 1953, (hereinafter referred to as the Act) alleging that he had unauthorisedly encroached upon the Government land. Notice was issued to him as to why appropriate orders should not be passed. After considering the facts and circumstances, the Assistant Collector, 1st Grade, Ghumarwin vide order dated 23rd February, 1997 held that as per the report submitted by Patwari Halqua and Kanungo, respondent had encroached upon the land comprising Kahsra No. 523/1 admeasuring 0 -0 -12 Biswansis situated in village Samoh, Tehsil Ghumarwin, District Bilaspur adjacent to the road and land belonged to the Government. The statement of encroacher was recorded at the spot and he admitted that he had encroached upon Khasra No. 523/1. He had, however, stated that it was an old one. He also stated that if he would not remove the encroachment, he had no objection if the encroachment was removed by the Government.

(3.) It appears that the order was passed by the Assistant Collector on 23rd February, 1997 and the respondent -encroacher was ordered to be dispossessed from the land comprised of Khasra No. 523/1 admeasuring 0 -0 -12 Biswansis in exercise of powers under sub -section (1) of Section 163 of the Act.