IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4957 of 2026 Decided on: 25.05.2026 _________________________________________________________________ Om Prakash ....Petitioner Versus State of H.P. and Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Pawan Chauhan and Mr. Kamal Dev Sharma, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, with Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Proceedings under Section 163 of the Himachal Pradesh Land Revenue Act, 1954 (the Act in short) were initiated against Smt. Dwarku Devi and her son-present petitioner. On 11.12.2017, respondent No.4-the Assistant Collector First Grade Nihiri, District Mandi, ordered their ejectment from the subject land, allegedly on the ground that petitioner and his late mother Dwarku Devi had encroached upon the Government land. While passing this order, 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - respondent No.4 made reference to the statement of Smt. Dwarku Devi, wherein she statedly admitted having encroached the land, but with the assertion that it was her old possession and she will not remove the so called encroachment. 2. Appeal preferred by the Smt. Dwarku Devi and the petitioner against the order passed the Assistant Collector First Grade, Nihri, District Mandi, was dismissed by respondent No.3-the Sub Divisional Collector, Sundernagar, District Mandi on 25.08.2018 primarily on the ground that during demarcation, Smt. Dwarku Devi and her son were found to have encroached over the Government land. The orders have been affirmed by the Financial Commission, (Appeals), Himachal Pradesh on 17.12.2024. 3. Looking to the tone and tanner of the statement made by late Smt. Dwarku Devi, now represented by her son Sh. Om Prakash in this writ petition, learned Deputy Advocate General was directed to produce the record of the case. The record has been produced. On the basis of record, learned Deputy Advocate General made a fair statement that Smt. Dwarku Devi/ her son- present petitioner had not been - 3 - given any opportunity to file reply to the notice issued to them under Section 163 of the Act; That her statement was straightway recorded, wherein she though admitted encroachment, but simultaneously defended her action and asserted her right to retain the possession over the land on the strength that her possession was an old one. In the impugned order, respondent No.4-Assistant Collector First Grade has drawn adverse inference from the fact that Smt. Dwarku Devi had not claimed adverse possession over the land. However, the case position is that Smt. Dwarku Devi and her son were not even given any opportunity to claim adverse possession over the land since they were never granted time to file reply to the proceedings initiated against them under the Act. 4. There has been admitted infraction of principles of natural justice in the instant case as the petitioner and his mother late Smt. Dwarku Devi have been denied the opportunity to defence themselves by filing reply to the case/ proceedings initiated against them under Section 163 of the Act. Accordingly, this petition is allowed, impugned - 4 - orders passed by the Assistant Collector dated 11.12.2017, by the Sub Divisional Collector dated 25.08.2018 and by the Financial Commissioner (Appeals), H.P. dated 17.12.2024 are set aside. The matter is remanded to the Assistant Collector First Grade, Nihri, District Mandi for proceeding fresh in the matter in accordance with law by first giving opportunity of filing reply to the the petitioner to the proceedings initiated under Section 163 of the Himachal Land Revenue Act, 1954 against the petitioner/his mother Smt. Dwarku. The parties through their learned counsel are directed to appear before the Assistant Collector First Grade, Nihri, District Mandi, on 23.06.2026. It is made clear that incase petitioner does not remain present before the Assistant Collector First Grade, Nihri, District Mandi, on the given date, the Competent Authority shall proceed further in the matter in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge May 25, 2026 R.Atal