STATE OF HP Vs. ANITA KUMARI

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated 20.6.2008 delivered by a learned Single Judge of this Court whereby he allowed the writ petition filed by the respondent (hereinafter referred to as the petitioner) and quashed the letters dated 12.7.2001 and 7.8.2007 and directed that the petitioner be put in possession of the land allotted to her vide order dated 4.5.2001.

(2.) THE undisputed facts are that the petitioner was a share holder to the extent of her share i.e.4/9 in land measuring 0-5-0 bighas comprised in Khasra No.5132 in Phati Burwa, Kothi Manali, District Kullu at village Bhahang. THEre were heavy floods in Kullu valley in the year 1995 and during these floods lands of many persons including the land and house of the petitioner was also damaged. THEreafter, the State Government framed a scheme to help the people who had suffered losses during these floods. THE scheme reads as follows:-

(3.) HOWEVER, in our view the learned Single Judge should have remanded the case to the concerned authority i.e. Deputy Commissioner, Kullu to decide the matter afresh after giving notice to the writ petitioner. He in fact directed that the writ petitioner be put in possession of the land. Shri Sunil Mohan Goel, learned counsel for the writ petitioner submits that this order was passed because of the earlier directions passed from time to time by this Court. On 27.4.2007 a learned Single Judge of this Court had passed the following order:-