DEEP KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) BY filing the instant petition, the petitioners have sought mainly the following relief(s):

(2.) THE above orders are assailed in the present writ petition, seeking above prayers, precisely on the ground that there was dearth of Government land in Bhiuli Mohal and the respondent being an oustee of Purana Bazar, Sundernagar, he could have been allotted the land there, as sufficient Government land was available. It is further averred in the petition that the petitioners and other inhabitants of Bhiuli Mohal have bartandari rights over the land allotted to him and there is only one path for ingress and outgress to their houses and grant of land would cause obstruction to the path. It is further case of the petitioners that the Land Acquisition Officer had acted illegally upon the report of the Kanungo and certificate of the President of the Gram Panchayat who had concealed the true facts, thus no proper inquiry was conducted. Since the land in question is causing great hardship to the petitioners, the impugned order was not justified and the allotment order was also incorrect.

(3.) AS a matter of fact while exercising the writ jurisdiction, this Court does not sit as Court of Appeal. The only thing which requires to be seen at this stage is whether the proper opportunity was afforded to the parties and there was no breach of principle of natural justice and the matter has been decided by the Tribunal in accordance with law.