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2007 Supreme(HP) 182

DEEPAK GUPTA
STATE OF H. P. – Appellant
Versus
ANNAPURNA PATHAK – Respondent


Advocates Appeared:
P. M. Negi, Deputy Adv. General, for Appellant; Dushyant Dadhwal for Dr. S. K. Sharma, G. D. Verma, Sr. Advocate with B. C. Verma, for L.Rs. of deceased, Karunakar Pathak, Mr. Charu Gupta, Court Guardian for minor Arjun Pathak, for Respondents.

ORDER

1. Late Rai Bahadur Pandit Sunder Lal Pathak, owned properties at many places including Solan. He had two daughters, namely, Vidyawati Pathak and Rajeshwari Rani Pathak. It appears that Rejeshwari Rani Pathak died unmarried and issueless on 3-12-1983. Her sister Vidyawati was married to Jagat Dhar Sharma Guleri. She had three sons, namely, Sharangdhar Pathak predecessor-in-interest of non-applicants 3(a) to 3(e), Shrikar Pathak and applicant Shridhar Sharma Guleri. Sharangdhar was adopted by his maternal grand-father Rai Bahadur Pt. Sunder Lal Pathak. Shridhar Sharma Guleri died on 22-2-1974. Vidyawati sister of Rajeshwari Rani Pathak had pre-deceased her and expired on 1-1-1974.

2. Smt. Rajeshwari Rani Pathak inherited some land from her father which was acquired by the State of H. P. for setting up of H. P. Agriculture University (Agriculture Complex) at Nauni later known as Dr. Y. S. Parmar University (Agriculture and Forestry), Nauni, Solan and compensation was awarded to her by the Land Acquisition Collector. Aggrieved by the said award, Smt. Rajeshwari Rani Pathak filed a land reference petition No. 45-S/2 of 1980 on 15-5-1980. During the pendency of this land reference p
























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