ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 25.5.2002 passed by learned Addl. District Judge, Solan in Civil Appeal No.11-NL/13 of 2002, affirming judgment, decree dated 12.11.2001 passed by learned Sub Judge, Nalagarh in Civil Suit No.306/1 of 1998.

(2.) THE facts in brief are that appellant had filed a suit for declaration that he is owner in possession of land comprised in khasra No. 414/206, 207, total measuring 6 kanals 15 marlas, situated in village Ranguwal, Tehsil Nalagarh, District Solan. THE order dated Whether the reporters of the local papers may be allowed to see the Judgment Yes 8.8.1997 of Commissioner, Shimla Division in Revenue Appeal No.118/97 and order dated 5.6.1998 of Financial Commissioner in Revenue Revision No.151/97 are wrong, illegal, null and void and without jurisdiction. THE consequential relief of permanent prohibitory injunction has also been prayed, in alternative for possession, if respondent succeeds in taking forcible possession.

(3.) THE High Court allowed RSA No.341/87 on 5.5.1997 and Ashok Kumar legal representative of Tilak Ram was allowed to withdraw the suit with liberty to approach the Commissioner under the H.P. Village Common Lands ( Vesting and Utilization) Act, 1974 (for short Act) and the H.P. Village Common Lands (Vesting and Utilization) Scheme, 1975( for short Scheme). In other words the judgment, decree dated 12.3.1987 passed by learned District judge was set aside. Ashok Kumar thereafter filed Revenue Appeal No.118/97 which was dismissed by Commissioner, Shimla Division on 8.8.1997. THEreafter Ashok Kumar assailed the order dated 8.8.1997 in Revenue Revision No.151/97 which was dismissed by Financial Commissioner on 5.6.1998. Ashok Kumar filed C.S No.306/1 of 1998 assailing order dated 8.8.1997 of the Commissioner and order dated 5.6.1998 of the Financial Commissioner.