ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) By virtue of the present writ petition filed under Articles 226 and 217, Constitution of India, the Petitioner, Roshan Lal, has approached this Court, inter alia, seeking the following relief's:

(2.) Briefly stated, the facts giving rise to the present petition are these. Land measuring 44 kanals 15 marlas comprising of khasra No. 9, khatauni No. 1 and khewat No. 1 of village Jatuha, Mauza Balduhak Tehsil and District Hamirpur (of which the land in dispute forms a part) was owned by Raja Rajinder Chand son of Raja Mohinder Chand of Bela, Tappa Jalari, Tehsil Hamirpur. The same was leased out to the Petitioner and his two brOrs. S/Shri Munshi Ram and Dharam Singh on 15-3-1965 on payment of annual rent of Rs. 40 by the above said owner Raja Rajinder Singh. After the lease, the land was brought under cultivation by the Petitioner and his brOrs. .

(3.) In the year 1973, the H.P. Ceiling on Land Holdings Act, 1972, hereinafter referred to as the Ceiling Act, came into force. Under the provisions of the said Act, the landowners, who were holding land in excess of the specified limit were required to declare such excess land as "surplus". The owner Raja Rajinder Singh in terms of the provisions of the Ceiling Act declared the above mentioned land measuring 44 kanals 15 marlas, which was leased out to the Petitioner and his brOrs. , as surplus.