Himachal Pradesh High Court Voids Eviction Orders Due to Procedural Lapses

Court mandates Civil Court proceedings for adverse possession claims under HP Land Revenue Act, orders status quo on land possession.

In a significant judgment, the Himachal Pradesh High Court has set aside eviction orders against Shri. Roshan Lal, who faced eviction from government land on charges of encroachment. The court ruled that procedural lapses by the Revenue Authority invalidated the orders. The judgment, delivered by Justice Ajay Mohan Goel, highlights the necessity for Revenue Authorities to operate as Civil Courts when adverse possession is claimed under Section 163(3) of the Himachal Pradesh Land Revenue Act.

The case arose when Roshan Lal contested an eviction notice by claiming adverse possession. However, the Assistant Collector, 1st Grade, failed to convert the proceedings into a Civil Court trial, as mandated by the law. Consequently, the eviction and subsequent appellate and revisional orders were declared void by the High Court.

Roshan Lal's attempts to secure interim relief under Order 39, Rules 1 and 2 of the Civil Procedure Code were initially denied by both the Trial Court and the Appellate Court. The High Court criticized these decisions, emphasizing that the statutory violation constituted a prima facie case in Roshan Lal's favor, warranting interim protection.

The Deputy Advocate General defended the lower courts' decisions, branding Roshan Lal as an encroacher. However, the High Court found merit in Roshan Lal's arguments, noting that the failure to observe statutory procedures undermined the eviction order's validity.

Justice Goel's judgment reinstates the status quo regarding possession of the disputed land, pending the outcome of the civil suit. This decision underscores the importance of procedural adherence in land dispute cases and provides a precedent for handling claims of adverse possession.

Bottom Line:

Adverse possession plea by petitioner necessitates Revenue Authority to function as Civil Court under Section 163(3) of H.P. Land Revenue Act. Failure renders subsequent orders null and void.

Statutory provision(s): H.P. Land Revenue Act, Section 163(3), Civil Procedure Code, Order 39, Rules 1 and 2

Shri. Roshan Lal v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2806086