BISHAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 24.05.2010, passed by the learned Additional District Judge, Una (H.P.) in Civil Miscellaneous Appeal No. 31 of 2009.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the respondent -State has initiated the proceedings against the appellants under Section 163 of the H.P. Land Revenue Act, 1954 (hereinafter referred to as the Act - for brevity sake). Appellants were served with a notice on 3rd October, 2009. Thereafter, he filed the reply to the notice on 12th October, 2009. Rejoinder was filed by the State on 16.10.2009. Issues were framed by the AC -Ist Grade. The learned AC -Ist Grade held that the appellants have failed to prove their claim or interest over the disputed land, which was owned and possessed by the Government. He ordered the preparation of warrant of ejectment, with a further direction to send the same to the Field Kanungo Chururu for implementation in accordance with law vide order dated 09.11.2009. Appellants preferred an appeal before the learned Additional District Judge against the order dated 09.11.2009. Learned Additional District Judge, Una rejected the appeal on 24.05.2010. Hence, this Regular Second Appeal.

(3.) MR . Vinod Thakur, learned Deputy Advocate General has supported the judgment of the learned Additional District Judge dated 24.05.2010.