KISHANI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) ALL these petitions are being disposed of by a common order as common question of fact and law are involved in these petitions.

(2.) THE land/property, in dispute, is alleged, to have been encroached upon by the petitioners. As a prelude, to the issuance of show cause notices upon the petitioners, under the provisions of Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (hereinafter referred to as "the Act"), calling upon them to show cause as to why they be not evicted from the land/property in dispute, the halqua Kanungo, with the aid of Patwari halqua concerned, had carried out demarcation of the land/property in dispute. In sequel to the demarcations, it was detected that the petitioners had constructed/raised shops/house/orchard etc., on the land/property in dispute. Pursuant to the petitioners having been served with notice to show cause as to why they be not evicted from the land/property in dispute, they appeared before the Collector -cum Divisional Officer concerned, exercising powers under the Act of 1971. The Officer(s), aforesaid, after having permitted the petitioners as well as the respondents, to, adduce evidence in support of their respective claims, on a perusal of the evidence, as adduced on behalf of the parties at contest, as also after having given them full opportunity of being heard, rendered orders for their eviction from the land/property in dispute. A perusal of the orders, passed by the Collector -cum -Divisional Forest Officer, divulges that the petitioners had contended before the officer, who rendered the aforesaid orders, (a) the fact of theirs having acquired title to the suit property by way of adverse possession; (b) that the demarcations having been untenably carried out, in as much, as, they having not been carried out by the Assistant Collector of either grade, who, otherwise are empowered, to demarcate the land/property in dispute, rather, it having been unwarrantably carried out by the Kanungo. The Officers, who rendered the orders aforesaid, discountenanced the above contention, raised before them by the petitioners, consequently, the petitioners were ordered to be evicted from the property in dispute.

(3.) THE petitioners' challenge to the impugned orders is manifold; (a) the proceedings, which culminated in the rendition of impugned orders, are, vitiated in as much, as, no notice, in terms of provisions of the Act, prior to the commencement of the proceedings, was issued to the petitioners; (b) that the petitioners were not associated in the demarcation of the land/property in dispute by the revenue officials concerned and (c) that the petitioners had acquired the title to the suit property by way of adverse possession, hence, the respondents were incompetent to dislodge/displace the petitioners from the land/property in dispute.