Satpal Saini Petitioner v. State Of Himachal Pradesh And Others S

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 3572/2014

Decided on: September 23, 2016

_______________________________________________________________ Satpal Saini …… Petitioner .

Versus State of Himachal Pradesh and others ……..RespondentPs

______________________________________________________ H ______.___ Coram: Hon'ble Mr. Justice Rajiv Sharma, Judge Hon'ble Mr. Justice Sureshwar Thakur, Judge

Whether approved for reporting?¹yes. f _______________________________________________________________ For the petitioner : Mr. Ajay Shar o ma, Advocate.

For the respondents : Mr. r M t .A. Khan, Additional Advocate General. ____________________________ u ___________________________________ Per Rajiv Sharma, Judge: In sequel o to directions issued on 15.7.2016, respondent No.1 has filed his supplementary affidavit. According to the averments C made in the affidavit, petitioner, who is husband

of Ram h Dula ri (who was an agriculturist), qualifies to be an agriculturist himself keeping in view the Notification dated

i²⁰g .5.2016. 2. There is perpetual litigation under Section 118 of the

H 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

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of 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 . theP

petitioner to be an agriculturist.

4. However, before parting with the judgmen t, Hthis Court deems it fit and proper to direct the State Gover f nment to make suitable amendments to Section 118 of the H o P Tenancy and Land Reforms Act, 1972 read with HP Tenanc t y a nd Land Reforms Rules, 1975 in order to facilitate to u purch r ase 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 C of comomencement of the HP Tenancy and Land Reforms Act,19 72, within a period of ninety days from today. 5. h In view of the above, the present petition is disposed of. g Pending applications, if any, are also disposed of. i H

(Rajiv Sharma) Judge (Sureshwar Thakur) Judge September 23, 2016 (vikrant)