Point of Law : In H.P. Big Landed Estate Act, 1953, Section 11 (2) carved out an exception in favour of a minor provided minor had no other means of livelihood.

JUDGMENT :

Satyen Vaidya, J.

Petitioner is a registered trust. It claims to have been formed for various objectives including the one to protect the “Dev Sanskriti”. As per petitioner, the ‘Dev Sanskriti’ is an integral part of ethos of District Kullu. The value system intrinsically inculcates the devotion towards “Devtas” and “Devis” (local deities) in the local population of the district. A large number of local deities have their existence throughout the district having their respective area of prevalence.

2. Petitioner has specifically alleged that the local deities owned large tracts of land in their individual names. In view of personal inability of deities to cultivate their lands, the cultivation was being done through the tenants, who in almost all the cases were none else than the persons overlooking the management of the affairs of local deities. With the passage of time, various legislations have seen the light of the day for enforcing agrarian reforms. H.P. Big Landed Estate Act, 1953 and H.P. Tenancy and Land Reforms Act, 1972 being the important amongst them. Under the garb of these legislations, the agricultural holdings held in the names of local deities came to be transferred in favour of the tenants or tillers in possession. The tenants or the third parties, as the case may be, which came to be vested with the ownership of lands earlier owned by local deities, further transferred such lands to third parties and in most of the cases for tangible consideration.

3. Expressing its grievance against the transfer of the lands owned by local deities in favour of third parties, petitioner has approached this Court by way of instant petition for the following substantive reliefs:-

“(i) A writ in the nature of certiorari or any other appropriate writ, order or direction to the respondents to quash and set aside the orders passed by the revenue authorities whereby permitting the Mujarian, Pujaries, Mohtmims and Kardars from time to time under the H.P. Tenancy and Land Reforms Act, 1972 and the Abolition of Big Landed Estate Act, 1953 to transfer the land of the Devi Devtas without jurisdiction, being void, illegal and arbitrary, pertaining to the land belongs to Devi Devtas i.e. 90744 bighas out of which about 84000 bighas of land of Devi Devtas, who are minors as per settled law of land, has been transferred by Kardars, to third party without any right, title, interest over the property, which certainly belongs to Idols, who are minors as mentioned in jabamandies, wajib ul arz and as per the law laid down by the various Hon'ble High Courts as well as the Hon'ble Supreme Court and now only left out land in the names of Devi Devtas of Kullu District remains to be 8400 bighas.

(ii) A writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents to constitute a high level committee to enquire the illegal acts without having even jurisdiction by the revenue agencies in connivance with the kardars against the terms and conditions as mentioned in the Wajib Ul Arz for the year 1948-49 to 2011-2012 and till date with the further direction to the respondents to get back possession of the respective idols, Devi Devtas who are admittedly minors in all manner whatsoever, which has been transferred/sold by the Mujarian, Pujaries, Mohtmims and Kardars to other persons for their individual interest.

(iii) A writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents to issue necessary instructions thereby mentioning the accountability of all Kardars, Mohtimims, Manager, Mahant, Gaddi Nashin, Grandhi, trustee, Mutwali of the Devi Devtas in Kullu District in case they fail to discharge their obligatory duty, for which they have been appointed and penal consequences thereof.

(iv) A writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents, particularly, to the revenue and other registering authorities and other revenue agencie