DALIP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, by way of this petition, has challenged the order passed by the Divisional Commissioner, Mandi on 14.12.2011 in Appeal Nos. 412/2010 and 413/2010 decided on 14.12.2011.

(2.) "Key facts" necessary for the adjudication of this petition are that the Range Officer, Baldwara during July, 2007 filed encroachment case against respondent No.5 in the court of Collector-cum-Divisional Forest Officer, Suket Forest Division regarding illegal encroachment in Government forest land situated in Muhal Barswan, Khasra No. 433 measuring 2-1-11 bighas. Notice was issued to respondent No.5 on 1.1.2008, under sub-section (1) of section 4 of the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (hereinafter referred to as the "Act" for brevity sake). Respondent No.5 filed reply to the same on 10.4.2008. The Collector-cum-Divisional Forest Officer passed the eviction order against respondent No.5 on 11.6.2010.

(3.) Similarly, the Range Officer, Baldwara during May 2009 filed encroachment case against respondent No.5 in the court of Collector-cum-Divisional Forest Officer, Suket Forest Division regarding illegal encroachment in Government forest land situated in Muhal Barswan/147, Khasra No. 490/1, 490/2 and 490/3 measuring 1-3-11 bighas. Notice was issued to respondent No.5 on 29.5.2009 under sub-section (1) of section 4 of the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971, to which he filed reply on 31.7.2009. The Collector-cum-Divisional Forest Officer passed the eviction order against respondent No.5 on 28.8.2010. Respondent No.5 filed appeal Nos. 412/2010 and 413/2010 against the orders passed by the Collector-cum-Divisional Forest Officer, Suket Forest Division, District Mandi on 11.6.2010 and 28.8.2010. The Divisional Commissioner, Mandi allowed the appeals on 14.12.2011. Hence, this petition.