MAYA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Having remained unsuccessful before the trial and appellate Courts in securing interim order against the respondents, the petitioner has sought intervention of this Court by invoking jurisdiction under Article 227 of the Constitution.

(2.) The petitioner is the plaintiff before learned trial Court in CIS Case No.181 of 2018 titled Maya Ram vs. State of H.P. and another. The suit has been filed for the relief of declaration to the effect that the plaintiff is holding right to possess the suit land as a licensee under the defendants/respondents since 1952 and his possession is liable to be protected.

(3.) The defendants have resisted and contested the claim of plaintiff. The allegation that the plaintiff is in possession of suit land has been denied. Even the creation of a license in favour of father of plaintiff qua the suit land has also been denied. Further stand of the respondents is that the suit land has been identified for more than one public purpose and the clearances under the Forest Conservation Act have already been obtained. In such manner, the claim of the plaintiff has been alleged to be untenable and without any legal basis.