MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Mehar Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
Tarlok Singh Chauhan, J.
Petitioner has lost before all the four authorities below and having been held to be an encroacher has been ordered to be evicted from the land measuring 6-19-5 bighas, comprised in Khasra No. 337/16/1, 331/323/1 and 171, Kita 2, situated in Mauza Chamog, Tehsil Karsog, District Mandi H.P. (herein after referred to as the land in dispute).
2. It appears that in the year 1990 on the report of Patwari Halka Dabrot, Tehsil Karsog, District Mandi, proceedings under Section 163 of the HP Land Revenue Act, 1954 (for short the ‘Act’) were initiated against the petitioner before the Assistant Collector 1st Grade, Karsog on 14.12.1990 on the ground that he was in unauthorized occupation of the land in dispute.
3. On 5.4.1991 the Assistant Collector 1st Grade passed ex parte order of eviction against the petitioner, which consequent upon appeal being filed by the petitioner was set aside on 8.10.1991 by the Collector Sub Division, Karsog and the matter was remanded back to the Assistant Collector 1st Grade for fresh decision.
4. The Assistant Collector 1st Grade again vide order dated 30.9.1997 ordered the eviction of the petitioner and at the same time imposed
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