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2018 Supreme(HP) 248

SURESHWAR THAKUR
Sohan Lal – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Y. P. Sood, Advocate.
For the Respondents:Mr. Hemant Vaid, Addl. Advocate General with Mr. Y.S. Thakur, Dy. .G., Mr. Arush Matlotia, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

The petitioners herein, who, are legal heirs of one Riharu Ram, through, the instant petition hence cast a challenge, upon, the validity of the orders, borne in Annexure P-5, whereunder, the authority concerned hence rescinded, the allotment of land, made vis-a-vis, one, Riharu Ram in the year 1978, while its exercising powers under the Himachal Pradesh Village Common Lands Vesting and Utilization Scheme, 1975 (hereinafter referred as the scheme of 1975).

2. All the averments, made, by the petitioners, in their petition, stand contested by the respondents, by the latter meetings replyies thereto. The respondents in their reply, rather validate the orders, borne, in Annexure P-5, whereas, contrarily, the counsel for the petitioner, vehemently contended qua it being ingrained, with, a pervasive gross illegality.

3. Apparently, upon, civil suit No. 25 of 2001, wherein, one Riharu Ram, qua whom grant of land, was made, under, the aforesaid scheme, stood arrayed as codefendant No.2 also wherein, the State of Himachal Pradesh, was impleaded as a party in the array of co- defendants, a pronouncement of dismissal of the plaintiff's aforesaid suit hence emanated,

































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