DILI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The writ Petition is directed against the order passed by the Deputy Comissioner, Kullu in case No. 19 of 1994 -95 Registered on a complaint made by the 3rd respondent herein. The land in question was granted to the predecessor in interest of the petitioners under H.P. Grant of Nautor Land to Landless Persons and other. Eligible Person Scheme, 1975. Four item of land were given by the Government under the said Scheme.

(2.) Four contentions are raised by the learned Counsel for the petitioners. Firstly, Paragraph 11 does not give a right of resumption to the Government as such and the resumption in this case is illegal. We are unable to accept this contention, as the language of Paragraph 11 is very clear. According to the said paragraph, the grantee shall not transfer the land to any person within the period of 20 years fro n the date of taking possession of the land by him. In this case it is stated that the grant was made in 1984 and at that time the period prescribed in Paragraph 11 was only 15 years. The relevant facts as regards the rule applicable on the date are not very clear, However, there is no dispute that the transfer was made within a period of 8 years from the date of &rant Whether the period of 15 years was applicable to the grant made to the petitioners predecessor or the period of 20 years was applicable, it is irrelevant in this case. In either event the transfer is made within the period prohibited. Hence the State Government has got the right to resume the land.

(3.) The second contention is that the restriction imposed in Paragraph 11 will be applicable to the grantee and not to his successors -in interest. There is no merit in this contention. The petitioners claim the property only as heirs of the grantee. Whatever restriction wan applicable to the grantee will naturally apply to the legal heirs also. If the contention is accepted logically, the petitioners will not be entitled to the land and it has to revert back to the Government. Hence the contention is rejected.