LAWS(HPH)-2017-5-124

SUSHILA SHARMA Vs. STATE OF HP AND OTHERS

Decided On May 22, 2017
SUSHILA SHARMA Appellant
V/S
State Of Hp And Others Respondents

JUDGEMENT

(1.) By way of present writ petition, the petitioner has prayed for the following reliefs:-

(2.) The case of the petitioner in brief is that she is a poor, landless, divorcee, houseless lady, of 60 years of age and there is no one to support her. She claims to have two daughters who are already married. It is further her case that her father migrated from Azad Kashmir in the year 1947 and got rehabilitated at Dharamshala. Since her birth she was residing with her father. As her late father had not received any compensation from the 'Compensation Pool' created for the migrated people, therefore, land was given to her father by Gram Panchayat, Dari which was in the name of Gram Panchayat as per revenue records. Her father was a labourer, landless and houseless.

(3.) It is further her case that she has been running from pillar to post to get her possession regularized and despite there being a judgment in her favour passed by this Court, respondents did not bother to regularize her possession over khasra No. 257. Further as per the petitioner one Satish Sharma with whom she was having a boundary dispute also filed a civil suit against her which was still pending. Said Sataish Sharma had purchased property from Shubhkaran. Satish Sharma by concealing all material facts filed CWP No. 1996 of 2008 before this Court which was decided by this Court vide judgment dated 23.3.2010 which was based on a wrong affidavit filed by respondent-State. According to the petitioner had wrong affidavit not been filed by the respondent-State, then this Court would not have had passed order dated 23.3.2010 which was passed by it in CWP No. 1996 of 2008. It is in this background that petitioner has filed this writ petition praying for the reliefs already enumerated hereinabove.