PARMA NAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment, decree, dated 25.3.2002 passed by the learned District Judge, Hamirpur, in CM As. (Civil Appeal No. 143/86) No. 142 and 143 of 2001, dismissing the applications and ordering abatement of the appeal.

(2.) THE facts in brief are that Parma Nand, Sito Devi, Smt. Tihri and Chaudhary filed a suit for declaration and permanent prohibitory injunction against the State of Himachal Pradesh regarding land, comprised in khasra No. 1845/1 measuring 4 kanals, khasra No. 1846/2 measuring 14 kanals 5 marls, Tika Mansai, Tehsil and District Hamirpur. They projected the case that they are in possession of the suit land according to their shares prior to 26.1.1950. They had private partition and they are paying land revenue according to their shares to the government. They have also raised construction over the suit land prior to 26.1.1950. The land could not vest in the Gram Panchayat as per provisions of Punjab Village Common Lands (Regulation ) Act, 1961. The land was never put to use for common purpose by the village community. On coming into force of H.P. Village Common Lands (Vesting and Utilisation) Act, 1974, the suit land has not vested in the State. The revenue officer without complying with the provisions of law, sanctioned the mutation in the name of Gram Panchayat and later on in the name of State of Himachal Pradesh, which is against the provisions of law. The Plaintiffs continued in possession over the suit land. The Plaintiffs had preferred objections before the Collector, but those objections remained undecided.

(3.) ON the pleadings of the parties, the following issues were framed: