DHAJINDER GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner, by means of this petition, has prayed for the grant of the following amongst other reliefs:

(2.) Thereafter, vide entry made in Roznamcha Vakyati on 30th April, 2003, bearing No. 464, this property was also attached pursuant to the orders of the learned Civil Judge, Nalagarh dated 17th January, 2003. These orders had been passed by the Sub Judge-cum-Sub Divisional Judicial Magistrate, Nalagarh in case titled Desh Raj versus S.K. Puri. Later on, this property was also attached on 20th October, 2005 vide Roznamcha bearing No. 120. This appears to be a follow up of the earlier attachment orders on the request of Excise and Taxation Department.

(3.) The matter does not end here, but the Electricity Board also obtained orders of attachment of this very property from this Court on 27.09.2005 in Execution Petition No. 4 of 2004. These orders are also reflected in the Roznamcha dated 16th November, 2005. Thereafter, the petitioner filed CWP No. 1355 of 2005 in this Court wherein he prayed that all the aforesaid attachments were illegal and the same may be set aside. In this writ petition, on 28.12.2005, this Court directed that status quo as it exists on spot be maintained with respect to the nature and possession of the property being maintained by the parties. This writ petition was contested by the State on various grounds and one of the grounds raised was that the petitioner being a non-Himachali and a non-agriculturist was not entitled to purchase the land in terms of Section 118 of the H.P. Tenancy and Land Reforms Act, 1972. On 12.09.2006, learned counsel for the petitioner made a statement that the petitioner intends to apply to the competent authority for grant of such permission without prejudice to his rights to contend, that such permission was not acquired. The application was not filed within time and finally on 24.03.2008, the following order was passed: