RADHA SOAMI SATSANG BEAS Vs. STATE OF H P

JUDGEMENT

(1.) Rule. To be heard to-day.

(2.) The learned Advocate General waives service of the Rule on behalf of the respondents.

(3.) The petitioner is a society registered under the Societies Registration Act, 1860 (Act No. 21 of 1860). The petitioner claims to be the owner in possession of three buildings along with the land appurtenant thereto situate in a locality known as 'Moti Tibba' in the town of Dalhousie which falls within the revenue limits of District Chamba. Adjacent to the said property is situate a property belonging to the State Government (first respondent) in which a Government High School is being run since long. In or about Sept. 1981, the petitioner as well as the school authorities made an application to the competent authority under S.107, sub-sec.(1) of the Himachal Pradesh Land Revenue Act, 1954 (hereinafter referred to as "the Act") for defining the limits or boundaries between the property owned by the petitioner and that owned by the first respondent. The competent authority demarcated the boundaries on Oct. 19, 1981 in the presence of the representatives of the parties as per the copy of the proceedings produced at Annexure-B. The demarcation made accordingly disclosed that O.3590 acre of land forming part of the petitioner's property was encroached upon and formed part of the first respondent's property in possession of the school authorities. Pursuant to the demarcation made as aforesaid, separate khasra numbers were given to the properties in question and tatimas were also prepared.