Himachal Pradesh High Court
Decided On: 29.07.2025 vs State Of Himachal Pradesh And Others on 29 July, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2025:HHC:24949
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 11212 of 2025
Decided on: 29.07.2025
Sh. Brij Lal ... Petitioner
Versus
State of Himachal Pradesh and others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
_____________________________________________________
For the petitioner r: Mr. Pranshul Sharma, Advocate.
For the respondents : Mr. Rahul Thakur, Dy. Advocate
General.
Ajay Mohan Goel, Judge (Oral)
Sh. Lalit Kumar, Senior Assistant, office of Sub Tehsil
Darlaghat, Tehsil Arki, District Solan, H.P. is present in person in
the Court with requisite record.
2. By way of this writ petition, the petitioner has, inter alia,
prayed for the following relief:-
"(i) For issuance of writ of certiorari or the nature thereof by
quashing and setting aside the order dated 30/06/2025(
Annexure P-4) passed by Patwari concerned, order dated 24-
03-2015 passed by the Ld. AC IInd Grade, Darlaghat in case
No. 4/13- A OF 2014 and which was upheld vide order dated
22.8.2016 passed by Ld. Collector, Sub-Division, Arki, District
Solan H.P. in an appeal titled as Brij Lal Vs. State of HP vide
Whether reporters of the local papers may be allowed to see the judgment?
2025:HHC:24949
Case No. 06-XIII A of 2015 and affirmed by the Ld. Divisional
.
Commissioner in case no 54/2021 vide order 03.06.2025."
3. When this case was listed on 11.07.2025, the following
order was passed by the Court:-
"Notice. Mr. Pushpender Jaswal, learned Additional
Advocate General, accepts notice on behalf of the
respondents. Learned Additional Advocate General to
produce the record of the case before the Court on the next
date as the only moot issue before the Court, as has been
urged by learned Counsel for the petitioner, is whether the
orders passed by the Authorities, are vitiated for the reason
that in the light of the fact that the petitioner took the plea,
when proceedings were initiated against him under Section
163 of the H.P. Land Revenue Act, that he had become owner
of the suit land by way of adverse possession, the Authorities
were bound to have had followed the procedure laid down in
Sub Section 3 of Section 163 of the H.P. Land Revenue Act.
List on 29.07.2025. In the meanwhile, operation of the
impugned order shall also remain stayed."
4. Today, learned Deputy Advocate General has made
available the original record of the proceedings initiated against the
petitioner under Section 163 of the H.P. Land Revenue Act for the
perusal of the Court. A perusal of the record demonstrates that in
the reply that was filed by the petitioner to the notice issued under
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Section 163 of the H.P. Land Revenue Act, he had taken the stand of
.
his having perfected his title over the suit land by way of adverse
possession. As the reply is short, the same is quoted herein below:-
"1. That the ejectment Proceeding initiated against the
respondent U/S 163 (1) of the Himachal Pradesh Land
Revenue Act is not maintainable before this court as question
of title is involved in the present proceeding and in those
matters where question of title is involved, only AC.Ist grade
is competent to decide the matter in the capacity of civil court.
2. That the matter involved in the present proceeding
cannot be decided in summary manner.
3. That allegation made in the notice are incorrect and
contrary to the factual position on the spot. Court Yard.cow
shed and toilets/privies of the respondent are existing over
the above said land, since 15th April, 1958 as the same were
constructed by the father of the respondent. The respondent
through his predecessor of the expert which will clinch out the
controversy Proceeding against the respondent has been
initiated at the instance of some vested interested persons
who are inimical to the respondent and wrong report of
encroachment has been prepared and submitted by the field
revenue staff against the respondent. The respondent has
become owner in possession of the land mentioned in the
notice by way of adverse possession which have matured
into the ownership by afflux of time. In view of the facts and
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circumstances, proceeding initiated against the respondent is
.
liable to be dropped."
5. Yet, despite the fact that the petitioner took the plea
that he had perfected his title over the suit land by way of adverse
possession, the Authorities failed to proceed with the matter in
terms of the provisions of Sub-Section 3 of Section 163 of the H.P.
Land Revenue Act. In terms of said statutory provision, once the
petitioner had taken the stand of having perfected his title by way of
adverse possession, then it was only the Court of Assistant Collector
1st Grade which could have adjudicated upon the matter and that
too after converting itself into a Civil Court. As these provisions have
been flouted by the Authority while proceeding under Section 163 of
the H.P. Land Revenue Act and as this issue has not been
appreciated in its correct perspective by either of the Appellate/
Revisional Authorities, whose orders are under challenge by way of
this petition, this petition as prayed for is allowed by quashing the
impugned orders.
6. At this stage, learned Deputy Advocate General submits
that the State be given liberty to proceed against the petitioner in the
proceedings under Section 163 of the H.P. Land Revenue Act from
the stage of receipt of the reply from the petitioner. The State may
proceed in the matter from the stage of receipt of reply from the
petitioner in the proceedings initiated against him under Section 163
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of the H.P. Land Revenue Act. In the light of the stand taken by the
.
petitioner in his reply to Notice under Section 163 of the H.P. Land
Revenue Act, the matter be heard by the Assistant Collector 1st
Grade by converting itself into a Civil Court. Original record returned
to the official concerned. Pending miscellaneous applications, if any,
also stand disposed of.
(Ajay Mohan Goel)
Judge
July 29, 2025
(narender)
