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2016 Supreme(HP) 1335

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Satpal Singh – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajiv Rai.
For the Respondents: Mr. Shrawan Dogra, Mr. Anup Rattan, Mr. J.K. Verma, Mr. Kush Sharma.

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner has been found to be an encroacher over government forest land by both the authorities below under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (for short the ‘Act’) and has filed the instant writ petition for the following substantive reliefs:

“A. That the impugned order dated 17.11.2015 passed by the learned Divisional Commissioner, Mandi Division in Case No. 457/2012 vide Annexure P/1 and the impugned decision dated 24.06.2011 passed by the learned Collector-cum-DFO in case No. 96/2001-2 may kindly be quashed and set-aside.

B. That in alternatively the matter may kindly be remanded back to the learned Collector-cum-DFO to decide the matter afresh by answering all the objections/ contentions raised by the petitioner and his predecessor in interest with speaking order.”

2. The facts giving rise to the present petition are that based upon the demarcation conducted by the Settlement Patwari and Field Kanungo, a case of encroachment came to be filed against the petitioner for having encroached upon the forest land in Baragarh-III area measuring 00-06-00 hectares by fencing and planting fruit plants and also by









































































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