RAJINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant writ petition, the petitioner has sought a direction to the respondent-State to resume the land bearing Khata Khatauni No. 114/117, Khasra No. 2887/1/2/11 measuring 1 Bigha as per old Jamabandi and now Khata Khatauni No. 145/300, Khasra No. Hal 31, measuring 0/7/9 Hectares, situate in Chak Jachali, Kharapathar, Tehsil Jubbal, District Shimla, Himachal Pradesh, after dispossessing respondent No.8, who purchased the above referred land from Whether reporters of the Local papers are allowed to see the judgment respondents No.3 to 7 i.e. legal heirs of late Giaru Ram, who was allotted the aforesaid land as Nautor.

(2.) Having heard learned counsel for the parties and perused material available on record, especially the judgment and decree dtd. 30/7/2005 passed by the learned Civil Judge (Junior Division), Jubbal, District Shimla, in Civil Suit No. 26/1 of 2001 (Annexure A), which has been further upheld by the learned first appellate Court, this Court has no hesitation to conclude that the petition at hand is wholly misconceived, frivolous and sheer abuse of process of law, as such, deserves outright rejection.

(3.) In the year 1979, land in question came to be allotted in favour of one Shri Giaru Ram, i.e. predecessor in interest of respondents No.3 to 7. As per Nautor Rules, land allotted in favour of a landless person cannot be further sold for a period of twenty years from the date of its allotment. Allegedly, in the year 1981, successors of late Giaru Ram, i.e. respondent No. 3 to 7 entered into an agreement to sell with respondent No.8 and possession thereof was also delivered. Subsequently, on account of some dispute inter se respondent No. 8 and respondents No.3 to 7, a Civil Suit for specific performance of contract came to be filed in the Court of learned Civil Judge (Junior Division), Jubbal, District Shimla, at the behest of respondent No. 8. During the pendency of the Civil Suit, petitioner herein entered into a contract with the successors of late Giaru Ram, i.e. respondents No.3 to 7 for sale of the land, which was the subject mater of Civil Suit referred to herein above. On 30/7/2005, suit of the respondent No. 8 was decreed and respondents No.3 to 7 (defendants in the suit) were directed to execute the sale deed pertaining to the suit land in favour of respondents No.8.