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2005 Supreme(HP) 166

K.C.SOOD, LOKESHWAR SINGH PANTA
PYAR SINGH CHANDEL – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Mr. Vinay Kuthiala, Advocate, for the Appellant/Petitioner; Mr. M.S. Chandel, Advocate General with Mr. P.M. Bisht, Deputy Advocate General, for the Respondent Nos. 1 to 3; Mr. T.S. Chauhan, Advocate, Counsellor the Respondent No. 4.

JUDGMENT

K.C. Sood, J.—This is one of those cases which exhibits how process of law/Court can be used, misused, abused and hijacked to obtain undue personal gain at the cost of public at large. It shows how a litigant can indulge "forum hunting" to perpetuate illegitimate gains by practising fraud on the Courts.

2. The story starts in the year 1990 when the respondent No. 4 Shakuntla Devi having encroached on Government land, moved an application before the Deputy Commissioner, Bilaspur (respondent No. 2) for regularization of the land comprised in Khasra Numbers 137/123/1 (new Khasra Numbers 184/137/123) measuring 0-9 bighas situate in village Bagh Theru in the District of Bilaspur, encroached by her. This land undoubtedly is a public path. She claimed in her application that she was in possession of this land prior to 1980 as the possession of the applicant was old, therefore, it should be regularized. Notwithstanding the objections of the Forest Department that the land was a "forest land" and the encroachment over this land could not be regularized in view of the provisions of the Forest Conservation Act, 1980, the Deputy Commissioner, in utter disregard to the Encroachment Poli


































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