H.C. CHANDEL Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) ORDER Present civil writ petition is filed under Article 226/227 of the Constitution of India.

(2.) BRIEF facts of the case as pleaded are that suit land comprised in old khasra Nos. 96, 248 new Khasra Nos. 521/279, 430 kitas 2 measuring 5 bighas situated in Chak Rauni Pargana Matiana Tehsil Theog District Shimla H.P. was mortgaged. It is pleaded that petitioner filed application under Section 4 of H.P. Restitution of mortgaged lands Act 1976 for restitution of possession of mortgaged land before learned Collector Theog Sub Division Shimla H.P. which was allowed vide order dated 13.3.2006. It is pleaded that thereafter proforma respondent Nos. 3 to 8 filed appeal before learned Divisional Commissioner Shimla which was dismissed on dated 16.4.2009. It is further pleaded that thereafter petitioner filed execution petition on dated 17.8.2009 for attestation of mutation relating to mortgaged property in revenue record. It is also pleaded that Collector ordered that possession be delivered to the petitioner from proforma respondents immediately. It is pleaded that proforma respondents did not allow the petitioner to enter into the suit land and orchard situated in suit land was also damaged. It is pleaded that revision petition filed by proforma respondent Nos. 3 to 8 was also dismissed on dated 10.11.2009 by learned Financial Commissioner. It is pleaded that thereafter CPW No. 4342 of 2009 was filed under Article 226 of Constitution of India for quashing the entire order of revenue authorities and said revision petition was also dismissed by Hon'ble High Court on dated 18.8.2010. It is pleaded that petitioner has filed number of representations for delivery of possession but all in vain. Petitioner sought relief against respondent Nos. 1 and 2 with regard to the delivery of possession of redeemed land forthwith. Petitioner sought additional relief against respondent Nos. 3 to 8 restraining them from any sort of interference in suit land. Petitioner also sought relief of compensation of Rs. 15 lacs (Rupees fifteen lacs only) towards damage, losses, mental agony and harassment against respondent Nos. 3 to 11.

(3.) PER contra separate response filed on behalf of co -respondent No. 6 pleaded therein that land stood redeemed by the Collector Theog. It is pleaded that even Hon'ble High Court on dated 18.8.2010 disposed of CWP No. 4342 of 2009 filed by non -petitioner Daya Ram. It is pleaded that intricate question of law and facts are involved in present case which can not be decided in writ petition. It is pleaded that liberty was granted by Hon'ble High Court to non -petitioner Daya Ram in CWP No. 4342 of 2009 which was decided on dated 18.8.2010 to establish his right title or interest in the land in question by instituting suit before Civil Court. It is pleaded that petitioner is not legally entitled to claim possession. Prayer for dismissal of writ petition sought.