STATE OF HIMACHAL PRADESH THROUGH COLLECTOR DISTRICT KANGRA Vs. SARWAN KUMAR DECEASED THROUGH HIS LRS

JUDGEMENT

(1.) THE appellant having lost in both the Courts has filed appeal against judgment, decree dated 19.6.2001 passed by learned Additional Whether reporters of Local Papers may be allowed to see the Judgment ?yes District Judge-I, Kangra at Dharamshala in Civil Appeal No. 69-P/1999 affirming judgment, decree dated 28.5.1999 passed by learned Senior Sub Judge, Kangra at Dharamshala in Civil Suit No. 483/93 (RBT No. 61/98).

(2.) THE facts, in brief, are that Sarwan Kumar, predecessor-in- interest of respondents had filed a suit for declaration that he is owner in possession of the land measuring 0-01-17 hectares alongwith structure standing thereon, which is part of the land comprised in Khasra Nos. 1733/1724 and 1722/1495 situate in Mohal Rodi, Mauza Khalet, Tehsil Palampur as per jamabandi for the year 1989-90. THE order dated 26.5.1993 passed by Commissioner in the case titled State vs. Sarwan Kumar is illegal, without authority, null and void and is liable to be set- aside. THE consequential relief of permanent prohibitory injunction has also been prayed.

(3.) IN the year 1992, the cancellation of the allotment proceedings initiated against him. The Commissioner on 26.5.1993 cancelled the allotment. There existed no forest/tree on the suit land. The Forest Conservation Act, 1980 is not applicable. The appellant is estopped from cancelling the allotment. The officials of the appellant on the strength of impugned order threatened to interfere in the possession of the predecessor-in-interest of the respondents over the allotted land. On these allegations, the suit was filed.