LACHMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) While finding it difficult to concur and agree with the ratio laid down by learned Single Judge of this Court in Duglu Ram and others versus State of H.P. and others, 1998 (2) Shim. L.C. 98, wherebyit came to be held that civil court has no jurisdiction in matters arising out of 'Nautor Scheme' 1975 which admittedly is a non-statutory scheme, learned Single Judge of this Court vide order dtd. 11/9/2018 passed in instant appeal i.e. FAO No. 101 of 2011 referred following question of law for adjudication by larger bench:

(2.) Before answering the reference, this court, with a view to have a bird's eye view of the matter, finds it necessary to take note of certain facts, which may be relevant for the adjudication/determination of the question referred to it

(3.) Late Dina Nath was granted Nautor land under the Himachal Pradesh Grant of Nautor Land to Landless Persons and Other Eligible Persons Scheme, 1975 (hereinafter, 'Scheme') in the year 1980. Factum with regard to afore grant stands duly recorded in the record of rights. Since above named Dina Nath died and as such, on 31/12/1984, land in question came to be mutated in favour of his legal representatives. As per para-11 of the Scheme, grantee Dina Nath or his legal heirs could not transfer the land received by them under Nautor Rules within a period of twenty years of date of grant, failing which the State Government was empowered to resume the same. Similarly, aforesaid provision in the Scheme further provides that in case the grantee or his legal heirs fail to break up the land within two years of taking possession, grant shall be liable to be resumed. Allegedly, in the case at hand, neither late Dina Nath nor his legal heirs were able to break the land within a period of two years from the date of grant and they sold the land to Lachhman, appellant-plaintiff in the case at hand, on 29/8/2005.