The conferment of proprietary rights under Section 104 (3) of the HP Tenancy Act is automatic and by operation of law.

JUDGMENT :

Mansoor Ahmad Mir, J.

Writ petitioners have invoked the jurisdiction of this Court by the medium of the instant writ petition for grant of the following reliefs on the grounds taken in the memo of the writ petition:

“i) For quashing and setting aside impugned orders at annexure P-5 passed by respondent on 23.9.2014 and P-6 dated 20.6.2015 ordering eviction of the petitioners from khasra number 559 old number 356 min measuring 4-3 bighas in estate Shasherpur Chhawni Tehsil Nahan District Sirmour.

ii) Respondents may kindly be directed to produce the record of the case before the Hon'ble Court.

iii) Any other writ, order or direction as deemed fit in the facts and circumstances of the case may also be granted in favour of the petitioners.”

2. The respondent-Estate Officer issued a show cause notice on 16th April, 2014, while invoking the provisions of Section 4 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short “Act of 1971”) and asked writ petitioner No. 1-Asif Beg to show cause on or before 28th April, 2014, as to why eviction orders in terms of the mandate of the Act of 1971 be not made and also to appear for personal hearing on the said date. Writ petitioner No. 1 filed reply on 26th May, 2014, wherein it has specifically been averred that khasra No. 559 was in fact khasra No. 356 min in terms of the revenue record right from the year 1945 till the time it was re-numbered and was in possession of his forefathers as non-occupancy tenant and is in his possession alongwith others as such. It has specifically been averred that late Shri Haider Beg was a non-occupancy tenant, who was in possession of the said khasra number alongwith other khasra numbers and his name is reflected in jamabandis and all revenue records, the copies/extracts of which are annexed as Annexure P-3 from pages No. 17 to 30 and 32 to 39 of the paper book. Photo copy of mutation No. 162 attested on 23rd April, 1976, finds place at page No. 31 of the paper book.

3. It is also pleaded in the reply to the notice that the said mutation contains the details of all the khasra numbers including khasra No. 356 min entered in column No. 6, but, inadvertently, khasra No. 356 min was not recorded in column No. 11 of the said mutation, constraining writ petitioner No. 2 to file an application on 19th May, 2008, for rectifying the error, but no order was made. It has specifically been pleaded by writ petitioner No. 1 before the Estate Officer that the khasra number in question is not only in his possession but also is in the possession of writ petitioner No. 2-Yakub Beg and his family members. Further averred that they are not unauthorized occupants, but are in lawful possession even prior to 1944 and are cultivating the same. The land in question is 'obar land' and they have constructed a cowshed and a motor repair shop over a portion of the land, which is being run under the name and style 'Baig Auto Workshop' (for short “workshop”).

4. The writ petitioners have also placed on record the interim orders (Annexure P-4) made by the officer concerned before passing the order of eviction, dated 23rd September, 2014 in order to demonstrate that the writ petitioners were not heard. Order, dated 16th April, 2014 relates to issuance of show cause notice and the file was placed on 28th April, 2014, when writ petitioner No. 1-Asif Beg appeared in person and filed an application seeking one month's time to file reply, which was granted. On 26th May, 2014, reply was filed alongwith the documentary evidence and the case was fixed for hearing the arguments on 11th June, 2016. Thereafter, writ petitioner No. 1 filed an application through his counsel for allowing him to examine revenue officials, who were maintaining the revenue record in order to show that he was not an unauthorized occupant. It appears that the said application was not granted and order, dated 23rd September, 2014, came to be made.

5. In terms of impugned order, dated 23rd Sep