STATE OF HIMACHAL PRADESH Vs. RANGILA RAM AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 30.11.2002 rendered by learned District Judge, Hamirpur, (HP) in Civil Appeal No. 12 of 1995. "Key facts" necessary for the adjudication of the present appeal are that respondent No. 1 -plaintiff (hereinafter referred to as 'plaintiff for convenience sake) has filed a suit for declaration against the appellant and proforma respondent No. 2 Lohki Devi. Case of the plaintiff is that he was owner -in -possession of the land as detailed in the plaint measuring 32 Kanal 4 Marla. Gram Panchayat has passed resolution dated 13.6.1970 for cutting grass from Khasra Nos. 418, 428, 429, 650, 655 and 656 measuring 26 Kanal on payment of Rs. 7/ - per year. He applied for permanent Nautor land comprising Khasra Nos. 418, 428, 429, 655 and 656 to the Deputy Commissioner, Kangra under Kangra Nautor Rules in the Gram Panchayat Bajuri and Gram Panchayat passed a resolution No. 29 on 12.4.1971. Case of plaintiff was recommended to the Deputy Commissioner. Deputy Commissioner, after completing all the codal formalities, allotted land in favour of the plaintiff vide Order dated 18.2.1972 vide Ext. P.W. -7/A. The Gram Panchayat Bajuri vide resolution No. 29 dated 12.3.1972 authorised Shri Amin Chand, Sarpanch to get the mutation attested in favour of the persons, who have been granted Nautor land including plaintiff. Forest Department also assessed compensation to the tune of Rs. 30/ -. Plaintiff also paid Rs. 22.50. A sum of Rs. 20,000/ - has been spent to make land cultivable. He also constructed a residential house, a cow shed over the suit land. However, after coming into force of the HP Village Common Land (Vesting and Utilization) Act, 1974, entire Shamlat land in village Daruhi was mutated in favour of the State vide mutation No. 527. Plaintiff also contested this mutation. State without any authority allotted a part of suit land comprised in Khasra No. 1417/655/2 measuring 17 Maria out of Khasra No. 1417/655 and Khasra No. 1421/656/1 measuring 1 Kanal 2 Maria out of Khasra No. 1421/656 and got mutation No. 724 attested in favour of proforma defendant on 26.5.1982. This mutation was also challenged by the plaintiff. Other similarly situate persons were also granted permanent Nautor by the Deputy Commissioner in Tikka Mathianak, Daruhi by the Deputy Commissioner Kangra, with the consent of Gram Panchayat and mutations were also attested in his favour.

(2.) Suit was contested by the defendant -State. Factum of grant of Nautor land in favour of plaintiff was denied. Plaintiff filed replication. Issues were framed by the learned Sub -Judge 1st Class on 14.6.1989. He decreed the suit on 21.10.1994. State preferred an appeal before the learned District Judge, against the judgment and decree dated 21.10.1994. Learned District Judge dismissed the appeal on 30.11.2002. Hence this appeal.

(3.) The Regular Second Appeal was admitted on 11.6.2004 on the following substantial question of law: