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2013 Supreme(HP) 734

A.M.KHANWILKAR, KULDIP SINGH
Som Kirti Alias Som K. Nath – Appellant
Versus
STATE OF H. P. – Respondent


Advocates:
Advocate Appeared:
R.L.SOOD, ARJUN K.LALL, K.D.SOOD, SANJEEV SUD, SHRAWAN DOGRA, ROMESH VERMA, ANUP RATTAN, PARUL NEGI, SANDEEP SHARMA, B.C.NEGI

JUDGEMENT

KULDIP SINGH, J. -

1. THIS judgment shall dispose of CWP No. 443 of 1995, CWP Nos. 1068 of 1995, 1088 of 2003, 484 of 2006, 844 and 1500 of 2010 as common and over lapping questions of law are involved in the petitions.

2. THE petitioners have prayed mainly the following declarations and directions:

"(i) That the provisions of Section 118 and 121A of the H. P. Tenancy and Land Reforms Act, void as being violative of the basis structure of the Constitution of India and the rule of law; (ii) That the provisions of Rule 38 A (as notified by the impugned Annexure PX i.e. notification in the H.P. Rajpatra bearing No. BA(3) 5/2000 1 dated the 23rd December, 2011 and Rule 38 B as being void and violative of the basic structure of the Constitution of India and the Rule of law; (iii) Be further pleased to issue an appropriate writ, order or directions in the nature of: (a) a writ of mandamus directing the respondents not to give effect to Section 118 and 121A of the Himachal Pradesh Tenancy and Land Reforms Act and the rules framed under the said Act as well as rules 38A and 38B framed under the Act. (b) writ of certiorari to quash the provisions of Section 118 and 121A of the Act."












































































































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