AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 2.8.2007, passed by a learned Single Judge of this court, whereby he dismissed the writ petition filed by the petitioners.

(2.) Briefly stated, the facts of the case are that consolidation proceedings took place in Mohal Panjehti, Tehsil Sadar, District Mandi, and the consolidation scheme was approved on 19.3.1994. It is not necessary to give all the facts, but briefly the entire dispute relates to the land which abuts the State Highway. According to the scheme, the possession of the persons, who were already in possession of the land, was normally to be protected, but the scheme also contained another clause that if one shareholder was in possession of valuable land in excess to his share then the other shareholder was also to be compensated by giving him a share of the valuable land abutting the Highway. The Consolidation Officer passed an order on 19.10.1998 after inspecting the spot. He by his order granted some land to the private respondents out of the land which was admittedly in possession of the present petitioners.

(3.) The petitioners challenged this order basically on two grounds. Firstly, that the entire land in this khasra number had fallen to their share in partition proceedings which took place in the year 1962-63 and secondly that since they were in possession of the entire khasra number, no portion of 3 this khasra number could be allotted to the private respondents.