HET RAM Vs. STATE OF HIMCHAL PRADESH

JUDGEMENT

(1.) Instant Regular Second Appeal filed under Section 100 of the Code of Civil procedure, is directed against the judgment and decree dated 2.5.2008, passed by learned Additional District Judge, Fast Track Court Shimla, District Shimla, H.P., reversing the judgment and decree dated 22.7.2006, passed by learned Civil Judge (Senior Division), Theog in Civil Suit No. 95-I of 2005, whereby suit filed by the plaintiff was decreed after setting-aside the order passed by A.C.1st Grade and Collector thereafter.

(2.) The brief facts of the case as emerged from the plaint are that the appellant/plaintiff being aggrieved with the passing of the order dated 4.5.2005, passed by the Assistant Collector 1st Grade, Theog in case No. 935/2003 and that of Collector, Sub Division, Theog dated 25.7.2005 in case No.16-VIII-2005, filed suit for declaration and injunction in the Court of learned Civil Judge(Senior Division) Theog, District Shimla H.P, praying therein that order dated 4.5.2005, passed by the Assistant Collector 1st Grade, Theog in case No.935/2003 and further upheld by the Collector Sub-Division, Theog vide order dated 22.7.2005 in case No.16-VIII-05, be declared wrong and illegal and defendant-State be restrained from ejecting the plaintiff from the suit land.

(3.) It emerge from the record that defendant-State initiated proceedings under Section 163 of the H.P. Land Revenue Act (hereinafter referred to as the 'Act') against the present appellant-plaintiff for alleged encroachment having been made by the present appellant-plaintiff on the Government land comprising khasra No.198, measuring 0-01-69 hectares, Khasra No.199, measuring 0- 09-07 hectares and khasra No. 188/1,measuring 0-05-40 hectares, kita 3, area 0-16-16 hectares, situated in Chak Chhikhar, Tehsil Theog, District Shimla, HP. It also emerge from the record that the present appellant-plaintiff constructed house over khasra No.198. The Revenue staff, after being satisfied that the appellant-plaintiff encroached upon the Government land, initiated proceedings under Section 163 of the Act, before the Assistant Collector 1st Grade, Theog. The Assistant Collector 1st Grade, vide order dated 4.5.2005, passed order of ejectment against the appellant-plaintiff with regard to the suit land, as mentioned hereinabove.