ASHOK MADAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants have filed the Letters Patent Appeal challenging the judgement 16/9/2011 passed by the learned Single Judge, whereby the petition filed by the appellants was dismissed.

(2.) Learned counsel for the appellants has submitted that the question involved in the present case was as to whether the amended provision of Sec. 118(1) of the Himachal Pradesh Tenancy and Land Reforms Act (hereinafter referred to as the Act) by way of Amendment Act 6 of 1995 had a retrospective effect or was prospective in nature. Learned counsel has further submitted that the issue involved in the present case is no longer res-integra. It has been held by a Division Bench of this Court in State of H.P. Vs. Shri Sarvjot Singh Bedi and others reported in AIR 2017 (NOC) 1140 that the amending act had come into operation with effect from 22/3/1995 prohibiting the transfer of land by way of agreement/power of attorney. The amending Act was not retrospective rather prospective in nature. Special Leave Petition filed by the State against the said decision of Division Bench of this Court was dismissed by the Hon'ble Supreme Court vide order dtd. 6/8/2018.

(3.) Learned State Counsel, on the other hand, has opposed the appeal and has submitted that the learned Single Judge has rightly dismissed the writ petition filed by the appellants as the owner of land was left with no right in the property and could not even deal with it in the manner he liked. Appellant Ashok Madan had become owner of the property for all intents and purposes, although, formal sale deed was not executed in his favour.