JUDGMENT :

ROMESH VERMA, J.

1. The present appeal arises out of the judgment and decree as passed by learned Additional District Judge, Sarkaghat, District Mandi, H.P. dated 04.08.2025, whereby the appeal preferred by the State-appellant has been dismissed and the judgment and decree as passed by learned Civil Judge (Senior Division), Sarkaghat, District Mandi, H.P. in Civil Suit No.295/2016 dated 26.09.2023 has been affirmed.

2. Brief facts of the case are that the plaintiffs/respondents filed a suit for declaration and consequential relief for mandatory injunction on the ground that Smt. Paharo Karodhu (daughter of Mehlar son of Dhari) and Ganpat (son of Lokha, son, of Kanhiya) were in possession of the land comprised in Khata No.8/15. It is further averred in the plaint that during the settlement and even before that, the entry of Gair Mumkin sadak was effected in the revenue record. Although, the State of Himachal Pradesh through the HP public works department had encroached over the land being owned by the plaintiffs/respondents for the construction of road and even the road was also constructed by the State, however, no compensation was paid to the plaintiffs/respondents. The c