( 2024:HHC:6128 )
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 6346/2024
Decided on: 31.07.2024
Durga Dass …Petitioner
Versus
State of H.P. & Ors. ....Respondents.
………………………………………………………………………………
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner : Mr. R.K. Sharma, Sr. Advocate with
Mr. Arun Rana, Advocate.
For the respondents : Mr. Amandeep Sharma, Additional
Advocate General, for respondent
No.1.
Jyotsna Rewal Dua , J
Notice confined to respondent No.1, which is waived
by Mr. Amandeep Sharma, learned Additional Advocate General.
In view of the nature of order being passed hereinafter,
notice of this petition is not required to be issued to respondents
No.2 to 4.
2. With the consent of learned counsel for the parties, the
matter is heard at this stage.
3. The petitioner applied for demarcation of the land
comprised in Khasra No. 448, measuring 0-4-8 bighas situated at
1
Whether reporters of the local papers may be allowed to see the judgment? yes
( 2024:HHC:6128 )
Mohal Khiuri Dom 285, Tehsil Balh, District Mandi. The demarcation
was carried out on 07.02.2020. Assistant Collector First Grade,
Tehsil Balh, District Mandi, vide his order dated 19.04.2021 declined
to accept the demarcation report on the ground that the owners of
the land adjoining to Khasra No. 448 had not been associated in the
demarcation. Petitioner’s appeal against the aforesaid order passed
by the Assistant Collector First Grade was dismissed by the
Collector on 21.11.2022. Revision petition preferred by the
petitioner under Section 17 of Himachal Pradesh Land Revenue Act
was also dismissed by the Financial Commissioner (Appeals) on
the same ground, vide order dated 07.11.2023.
Assailing the orders passed by the Assistant Collector
First Grade on 19.04.2021, by the Collector on 21.11.2022 and by
the Financial Commissioner on 07.11.2023, the petitioner has
preferred this writ petition.
4. Learned Senior Advocate for the petitioner fairly
submitted that in terms of notification dated 16.07.2012, amending
Para-10.2 of Chapter 10 of the H.P. Land Records Manual, the
applicant seeking demarcation, is required to implead all persons,
who are co-sharers with him in the land of which demarcation is
being sought. Besides, those who are in possession of adjoining
plots of land, are also required to be impleaded as necessary
parties to the demarcation. Learned Senior Advocate further
( 2024:HHC:6128 )
submitted that in view of the amendment of para-10.2 of Chapter 10
of the H.P. Land Records Manual vide notification dated
16.07.2012, the impugned orders passed against the petitioner
cannot be said to be suffering from any infirmity. However, learned
Senior Advocate also submitted that the petitioner is ready & willing
and be permitted to move an application for fresh demarcation, in
accordance with law, after impleading the adjoining land
owners/persons, who are in possession of adjoining plots of land,
and whereafter direction be issued to the competent authority to
demarcate the land, in accordance with law, within a reasonable
period.
Learned Additional Advocate General has no objection
to the aforesaid submissions.
5. Taking into consideration the fact that the petitioner has
been non-suited by the authorities on the ground that the adjoining
landowners/persons in possession of adjoining plots of land had not
been impleaded during the demarcation, also keeping in view the
submissions made by learned Senior Advocate for the petitioner
that the petitioner is ready & willing to apply for fresh demarcation,
in accordance with law, as per the amended provisions of Para-10.2
of Chapter-10 of the H.P. Land Records Manual and keeping in
view the submission of learned Additional Advocate General, it is
deemed appropriate to dispose of this writ petition with liberty to the
( 2024:HHC:6128 )
petitioner to move an application for demarcation of the subject
land, in accordance with law. In case, such application is moved
before the competent authority, the same shall be decided and
demarcation shall be carried out, in accordance with law, as
expeditiously as possible & preferably within four months. Learned
Additional Advocate General is directed to bring this order to the
notice of Assistant Collector First Grade Tehsil Balh, District
Mandi/competent authority/authorized authority.
With the above direction, the instant petition is
disposed of. Pending miscellaneous application(s), if any, shall also
stand disposed of.
Jyotsna Rewal Dua
Judge
July 31, 2024
(rohit)