MAST RAM Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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Ramabhadran, J. -
(1.) This is a petition under Article 226 of the Constitution, wherein I am requested to issue a writ against respondents 1 to 3 (State of Himachal Pradesh, Financial Commissioner, Hima-chal Pradesh, and the Deputy Commissioner, Mahasu), restraining them from taking any action against the petitioner in pursuance of two orders passed by Mr. E. P. Moon, Chief Commissioner and Financial Commissioner of Himachal Pradesh, on 30-8-1950.
(2.) The petition arises under the following circumstances: On 25-3-1948, Raja Digvijai Chandra, ruler of Jubbal State, granted 11 bighas and 5 biswas of land situate in village Kumra and 5 bighas and 19 biswas of land in Bijar Barhal to-the petitioner on payment of 'Nazrana'. Mutation was, accordingly, ordered in his favour. Gulabu, Shuru and Kahna Singh, respondents 4, 5 and 6, submitted objections to the ruler of Jubbal, protesting against these grants, but those objections were rejected by the ruler. Jubbal State was merged into the Himachal Pradesh on 15-4-1948. A petition, by way of review, was made to the Financial Commissioner, Himachal Pradesh, by Gulabu, Shuru and Kahna Singh, wherein they requested the Financial Commissioner to review and set aside the grants made by the ruler of Jubbal in favour of the petitioner on 25-3-1948. The "review" petition was rejected by the Financial Commissioner on 6-3-1950. Further applications in the nature of review petitions were submitted to the Financial Commissioner by Gulabu, Shuru and Kahna Singh. On 30-8-1950, Mr. Moon, in his capacity as Chief Commissioner and Financial Commissioner, Himachal Pradesh, passed orders granting review and setting aside the grants made by the ruler of Jubbal on 25-3-1948 in favour of the petitioner. It is against this order that the petition has been filed.
(3.) It was contended on behalf of the petitioner that, in pursuance of the grants made in his favour by the ruler of Jubbal on 25-3-1948, the ownership of the lands passed to him and he could not be deprived of the same, save under authority of law. Reliance has been placed on Article 31(1) of the Constitution. Hence, this prayer for the issue of a writ against respondents 1 to 3.;
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