IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9100 of 2025 Decided on: 19th March, 2026 ------------------------------------------------------------------------------------- Kulwant Singh and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------f-------------------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall and Ms. Sanjivini Sood, Advocates.

For the Respondents: Ms. Seema Sharma, Deputy Advocate CGeneral.

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Jyotsna Rewal Dua, Judge h Petitioners feel aggrieved against the order dated g17.12.2024 passed by respondent No.2-Divisional Forest Officer, Una Forest Division, Una, declining them permission to fell dry and fallen Khair trees over their private lands.

2. Heard learned counsel for the parties and considered the case file.

Whether reporters of print and electronic media may be allowed to see the order? Yes.

3. Petitioners/their duly authorized Power of Attorney submitted an application for issuance of demarcation order for enumerating dry and fallen Khair trees. The application was processed by the resp.ondents.

During such process, a certificate was also issued by the concerned Tehsildar Settlement on 23 .11.2024 to the following effect:- o “Certificate Certified that the land pertains to Khasra No.s

120//22/1, 740/2,1169, 995, 922, 1175, 1168, 744, 996, 910, 978, 994/1, 2178, 2162, 2105, 2192, 537, 797, 2201, 2194/3, 560, 2559/3, 753, 743, 758, 752, 774, 776, 2225, 2237, 2283, 2413, 736, 1057, 741, 997, 747/2, 1818, 1111 are in continues in possession of the land owners/co-shares prior to 26-01-1950 and further they have become absolute owners in proportion Cto the land revenue paid by them. The above land was vested to Govt. of H.P. vide mutation No.4643 on dated 11-08-1975 under H.P. Village Common Land Vesting Utilization Act, 1974 but lateron vide order No.Rev- BA(3)8/2000 dated 18-07-2002 this land was vested to Shamlat Deh/Co-owners of Up Mahal Saloh Uprala vide g mutation No.484 dated 07-09-2002.”

i The above certificate and the contents thereof are not in dispute. It has not been disputed by the respondents that the petitioners/their predecessors had been in possession over the land parcels prior to 26.01.1950, qua which permission to fell dry & fallen Khair trees was sought; They had become absolute owners in proportion to the land revenue paid by them. It is not in dispute that the land parcels in question had vested in the State of Himachal Pradesh vide mutation No.4643, attested on 11.08.1975 under the provisions of the Himachal Pradesh Village Common Lands Vesting and Utiliza.tion Act, 1974. It is also an admitted factual position that to give effect to Act No.20 of 2001, amending t he aforesaid Act, mutation No.67 was attested oon 27.04.2022. Further mutation No.484 was also entered and attested on 07.09.2002 in favour of Shamlat Deh/Co-owners. As a consequence, the auforesaid land, which had not been even put to use by the respondent-State, was restored back to the owners/petitioners.

Despite the above admitted position, the respondents declined to accept petitioners’ application for marking and felling the dry & fallen Khair trees over the aforesaid land parcels on the ground that the land in Hquestion was vested in the State Government at one point of time and therefore, in view of order dated 10.09.2002 (at pages 68 to 72 of the paper book), marking and felling permission could not be granted. The gist of respondents’

stand is reflected from the following paras of their reply:-

“3. That the petitioner No.5 i.e. Shri Parveen Puri son of Shri Desh Raj, Private Sale Agent had submitted application (P-14) for issue of demarcation order for the enumeration of dry and fallen Khair trees. It is submitted that land in question is Shamlat Deh and as per p