DURMA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) BY way of this petition the petitioner has sought declaration from this Court to the effect that the orders dated 6.8.2002 and 27.9.2002 issued by respondent No.2 are illegal.

(2.) THE brief facts necessary for adjudication of this petition are that the ancestors of the petitioner and thereafter her father and mother were non- occupancy tenants on the land comprised in Mauza Jungle Paul, Pargana Dharaunk Khata Number 1 min/14 Khasra No.5/1 measuring 15-5 bighas. The proprietary rights were conferred on the mother and other widow after the death of father on 26.6.1976 by Assistant Collector Grade-II and accordingly mutation to this effect was attested in here favour vide mutation No.19 (Annexure P-1). The proprietary rights have been conferred as per Section 104 (3) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the "Act").

(3.) THE statement of objects and reasons necessitating the amendment are also reproduced below for better appreciation of the issue involved in this petition as under:-