SHANKER Vs. DY COMMISSIONER

JUDGEMENT

(1.) PETITIONERS case is that he was in possession of land measuring 10 kanals comprising khasra no. 549 -min. situate in village Kawa Tehsil Udhampur. Since the land was owned by the state, he was entitled to its ownership under LB -6/C of 1958 because he was holding the possession much prior to 1957. However, Tehsildar Udhampur by order dated 25 -11 -75, directed his eviction from the aforesaid land. This order of Tehsildar was challenged by him in Appeal No. 139/1972 -73 titled Shanker v. State, which was allowed by the Dy. Commissioner by his order dated 22 -09 -73. The Deputy Commissioner while allowing the appeal not only set -aside the order of ejectment passed by the Tehsildar, Udhampur but also directed him to mutate the aforesaid land in the name of the petitioner under Government Order No. LB -6/C of 1958. So, petitioners possession over the land was maintained. Latter this land was acquired by the State and award made in 1994 but since the mutation was not attested in favour of the petitioner, he has not been paid compensation for the same.

(2.) THE relief claimed by the petitioner is thus two folds:

(3.) IN the counter filed on behalf of the respondents State, the defence pleaded is that the petitioner having failed to challenge the award in terms of which the compensation was assessed in favour of the state, he is precluded from claming any relief. It is also stated that the Deputy Commissioner decided the appeal in the year 1973, during which period the petitioner did not seek implementation of the order passed in his favour. The petition is, therefore, barred by delay and laches. So far his factum of possession is concerned, the same has not been disputed.