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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Balak Ram – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner feels aggrieved against the concurrent orders passed by the three Revenue Authorities below, whereby his objections to the demarcation report were dismissed.
2. Heard learned counsel for the parties and perused the case file.
3. Facts
3(i) A civil suit was preferred by the predecessor of respondents No. 3 & 4 against one Sh. Lekh Ram, predecessor-in- interest of the present petitioner and respondents No. 9 & 10, as also other parties. The civil suit was instituted on 21.04.2009 for permanent prohibitory and mandatory injunction under Sections 34, 38 & 39 of the Specific Relief Act. Subject matter of the civil suit was land measuring 0-4-8 bighas comprised in Khewat No. 18, Khatauni No.20, Khasra No. 48 situated in Muhal Padsal, Tehsil Sundernagar, District Mandi. Learned Civil Court dismissed the suit on 30.08.2012 holding that the plaintiff had failed to establish his ownership and possession over the suit land and that the defendant was the recorded owner in possession of the suit land and did not owe any legal obligations towards the plaintiff qua the suit land.
3(ii) Present petitioner moved an application before the concerned revenue auth
Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during pr....
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
Non-compliance with certain instructions regarding demarcation of boundaries, such as recording statements of parties or fixing three Pucca points, will not vitiate the demarcation as a whole.
Quasi-judicial authorities must provide reasons for their decisions, as the reason is essential for a valid conclusion.
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