Himachal Pradesh High Court
Satpal Saini vs State Of Himachal Pradesh And Others on 23 September, 2016
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 3572/2014
Decided on: September 23, 2016
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.
Satpal Saini ...... Petitioner
Versus
State of Himachal Pradesh and others ........Respondents
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Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge
Hon'ble Mr. Justice Sureshwar Thakur, Judge
of
Whether approved for reporting? 1 yes.
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For the petitioner : Mr. Ajay Sharma, Advocate.
For the respondents rt Mr. :
M.A. Khan, Additional
Advocate General.
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Per Rajiv Sharma, Judge:
In sequel to directions issued on 15.7.2016, respondent No.1 has filed his supplementary affidavit. According to the averments made in the affidavit, petitioner, who is husband of Ram Dulari (who was an agriculturist), qualifies to be an agriculturist himself keeping in view the Notification dated 20.5.2016.
2. There is perpetual litigation under Section 118 of the HP Tenancy and Land Reforms Act, 1972. A large population of non-agriculturist Himachalis has been deprived of their right to purchase property in the State without the permission of the State Government though they are residing in the State of Himachal Pradesh for decades together. There is a sense of alienation amongst the non-agriculturist Himachalis. They are integral part 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 21:17:48 :::HCHP 2of the State of Himachal Pradesh and have a sense of belonging to the State.
3. Accordingly, impugned annexure P-9 dated 23.4.2014 .
is quashed and set aside. Respondents are directed to attest the mutation within a period of eight weeks from today by treating the petitioner to be an agriculturist.
4. However, before parting with the judgment, this Court of deems it fit and proper to direct the State Government to make suitable amendments to Section 118 of the HP Tenancy and Land Reforms Act, 1972 read with HP Tenancy and Land Reforms Rules, rt 1975 in order to facilitate to purchase any land (agricultural and non-agricultural) in the State of Himachal Pradesh by the non-
agriculturist Himachalis residing in the State for decades together prior to the date of commencement of the HP Tenancy and Land Reforms Act,1972, within a period of ninety days from today.
5. In view of the above, the present petition is disposed of. Pending applications, if any, are also disposed of.
(Rajiv Sharma) Judge (Sureshwar Thakur) Judge September 23, 2016 (vikrant) ::: Downloaded on - 15/04/2017 21:17:48 :::HCHP