MOHINDER SANKHYAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of a learned Single Judge of this Court dated 14.5.2008 whereby the writ petition filed by the appellants has been rejected.

(2.) THIS case has a long and chequered history and it would be pertinent to give some detailed facts to appreciate the controversy between the parties.

(3.) THEREAFTER , Sh. Jamna Dass, predecessor in interest of the present appellants filed a review petition against the order dated 4.8.1990. It was alleged that Prem Lal had manipulated to get the exchange sanctioned in connivance with the revenue authorities. It was also pointed out that Sh. Prem Lal was owner of 92.44 sq. mts. of land which was 80 mts. from the National Highway and had no path leading to it. This land was without any value and without taking into consideration any relevant factors, valuable land situated at only 10 meters from the National Highway measuring 204.75 sq. mts. had been given to Prem Lal in exchange. When these facts were brought to the notice of the Deputy Commissioner he came to the conclusion that the original sanction order was illegal and recalled the earlier order dated 4.8.1990.