JAWALA PRASAD Vs. STATE OF H.P.

JUDGEMENT

(1.) This case has a chequered history.

(2.) The petitioner applied for grant of nautor land bearing Khasra No. 361/346/319/1 and 336/129/1, area measuring 0­93­24 hectares, situated in Up­Mohal Regsanthang, Tehsil Sangla, District Kinnaur, H.P. under the Himchal Pradesh Nautor Land Rules, 1968 (for short 'Rules'). The application was Whether reporters of the local papers may be allowed to see the judgment? yes rejected by the Sub Divisional Officer (Civil), Kalpa vide order dated 16.07.2016 passed in Case No. 7/2014 observing that condition No.4, i.e. the area is situated at a minimum distance of one kilometer (ground distance) from Perennial/Natural Water Source.

(3.) The petitioner assailed this order by filing an appeal before the Deputy Commissioner, Kinnaur, who dismissed the same vide order dated 20.04.2017. This led to the filing of CWP No. 2092 of 2017 by the petitioner and after making detailed observations, this Court remanded the matter back to the Deputy Commissioner, Kinnaur for a decision afresh vide order dated 15.12.2017.