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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
GURMEET SINGH SANDHAWALIA, CJ, RANJAN SHARMA
Roshan Lal (Deceased through LRs. Surjit Singh) – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
G.S. Sandhawalia, CJ.
1. The present Letters Patent Appeal seeks consideration of the order passed by the learned Single Judge in CWP No. 2335 of 2009, decided on 23.08.2018 whereby the said writ petition was dismissed. In effect, dismissal of the writ petition led to the orders passed by the Statutory Authorities while exercising their powers under Section 118 of the HP Tenancy and Land Reforms Act, 1972 (hereinafter referred to as ‘the Act’) as amended from time time, being upheld whereby the Collector, Solan District Solan, vide order dated 07.05.2006 (Annexure P-6) held that the land measuring 03 bighas on khasra No. 744/238/2 in Mauja Barog Tehsil and District Solan, H.P. had been confiscated to the State of HP along with building constructed thereon free from all encumbrances.
2. The said order had also been upheld in appeal by the Divisional Commissioner, Shimla on 06.09.2008 (Annexure P-8) and the appeal was also unsuccessful before the Financial Commissioner (Appeals) on 02.06.2009 (Annexure P-10) which had led to the filing of the writ petition.
3. The reasoning given by the learned Single Judge to uphold the said order was that there was an agreement as such on re
The court found that the learned Single Judge exceeded jurisdiction by making unsupported findings, necessitating a remand for reevaluation of the land confiscation under Section 118.
The finality of a judgment and decree, the provisions of the H.P. Tenancy and Land Reforms Act, and the Indian Evidence Act were crucial in establishing the respondent's status as an agriculturist an....
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
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