RAJESHWAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present Original Side Appeal (OSA No. 18 of 2002 has been preferred under Section 96 of the Code of Civil Procedure against the judgment dated 7.8.2002 passed by learned Single Judge of this High Court in Civil Suit No. 83 of 1991, dismissing the suit of the plaintiffs/appellants herein.

(2.) LATE Sh. Raj Kumar Rajinder son of late Raja Sir Padam Singh, the ex-ruler of Bushahar State filed Civil Suit No. 11 of 1967 before Delhi High Court (Circuit Bench at Shimla) for declaration of his proprietary right in about 1720 acres of forest Whether the reporters of the local papers maybe allowed to see the judgment? land situated on Khata No. 1 and 2, Khatauni No. 1 to 25 comprising 106 plots, bearing Khasra Nos. 1, 2, 6, 23, 30, 34, 44, 108, 218, 222, 309, 341, 409, 479, 406, 433, 241, 732/280, 736/394 and 728/402 of Chak Addu, Tehsil Rampur as detailed in jamabandi for the year 1960-61 of the then district Mahasu (now district Shimla). The suit was partly decreed by the learned Single Judge on 6.4.1970, declaring him to be owner of of land comprised in Khasra No. 1, 2, 6, 23, 30, 34, 44, 108, 218, 222, 309, 341, 409, 479, 606, 4 and 33 out of land in dispute. However, the claim of the plaintiffs with regard to remaining land comprising of Khasra Nos. 241, 732/280, 736, 394 and 728/402 was declined with observation that declaration granted in favour of the appellants "shall in no way affect the application of Section 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, if that may otherwise be applicable to the plaintiff's land."

(3.) IT appears that despite interim order dated 17.10.1979 by Hon'ble Supreme Court, the Forest Department of State of Himachal Pradesh felled and sold 10,505 trees from the land in question during the period 1980 to 1985. The plaintiff(s), during the hearing of the appeal, raised a claim for refund of value with interest in respect of such trees, however, such claim was declined by the Hon'ble Supreme Court vide its judgment and order dated 20.7.1990 (reported as Rajkumar Rajinder Singh Vs. State of Himachal Pradesh and others (1990) 4 SCC 320 with observations as below:-