2026:HHC:7922 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9100 of 2025 Decided on: 19th March, 2026 ------------------------------------------------------------------------------------- Kulwant Singh and others …..Petitioners Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall and Ms. Sanjivini Sood, Advocates. For the Respondents: Ms. Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioners feel aggrieved against the order dated 17.12.2024 passed by respondent No.2-Divisional Forest Officer, Una Forest Division, Una, declining them permission to fell dry and fallen Khair trees over their private lands. 2. Heard learned counsel for the parties and considered the case file. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2026:HHC:7922 3. Petitioners/their duly authorized Power of Attorney submitted an application for issuance of demarcation order for enumerating dry and fallen Khair trees. The application was processed by the respondents. During such process, a certificate was also issued by the concerned Tehsildar Settlement on 23.11.2024 to the following effect:- “Certificate Certified that the land pertains to Khasra No.s 120//22/1, 740/2,1169, 995, 922, 1175, 1168, 744, 996, 910, 978, 994/1, 2178, 2162, 2105, 2192, 537, 797, 2201, 2194/3, 560, 2559/3, 753, 743, 758, 752, 774, 776, 2225, 2237, 2283, 2413, 736, 1057, 741, 997, 747/2, 1818, 1111 are in continues in possession of the land owners/co-shares prior to 26-01-1950 and further they have become absolute owners in proportion to the land revenue paid by them. The above land was vested to Govt. of H.P. vide mutation No.4643 on dated 11-08-1975 under H.P. Village Common Land Vesting Utilization Act, 1974 but lateron vide order No.Rev- BA(3)8/2000 dated 18-07-2002 this land was vested to Shamlat Deh/Co-owners of Up Mahal Saloh Uprala vide mutation No.484 dated 07-09-2002.” The above certificate and the contents thereof are not in dispute. It has not been disputed by the respondents that the petitioners/their predecessors had been in possession over the land parcels prior to 26.01.1950, qua which permission to fell dry & fallen Khair trees was sought; They had become absolute owners in proportion to the land revenue paid by them. It is not in 3 2026:HHC:7922 dispute that the land parcels in question had vested in the State of Himachal Pradesh vide mutation No.4643, attested on 11.08.1975 under the provisions of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974. It is also an admitted factual position that to give effect to Act No.20 of 2001, amending the aforesaid Act, mutation No.67 was attested on 27.04.2022. Further mutation No.484 was also entered and attested on 07.09.2002 in favour of Shamlat Deh/Co-owners. As a consequence, the aforesaid land, which had not been even put to use by the respondent-State, was restored back to the owners/petitioners. Despite the above admitted position, the respondents declined to accept petitioners’ application for marking and felling the dry & fallen Khair trees over the aforesaid land parcels on the ground that the land in question was vested in the State Government at one point of time and therefore, in view of order dated 10.09.2002 (at pages 68 to 72 of the paper book), marking and felling permission could not be granted. The gist of respondents’ stand is reflected from the following paras of their reply:- “3. That the petitioner No.5 i.e. Shri Parveen Puri son of Shri Desh Raj, Private Sale Agent had submitted application (P-14) for issue of demarcation order for the 4 2026:HHC:7922 enumeration of dry and fallen Khair trees. It is submitted that land in question is Shamlat Deh and as per para 14 of Govt. of Himachal Pradesh Notification No.FFE-B-A(3) 4/99 dated 24.09.03 (Annexure P-26) the State Govt. may allow demarcation of land, marking and felling of trees on the land recorded as Shamlat Deh/Tika Hasab-Rasad Malguzari in favour of the co- sharer on their furnishing of a certificate issued by the Sub-Divisional Officer (Civil) concerned to the effect that they are in continuous possession of the land prior to 26.01.1950 and that further they have become absolute owners in proportion to the land revenue paid by them and the said land has never been vested in the Government under any enactment. Accordingly, the matter was referred to Sub Divisional Magistrate, Haroli for the needful by the respondent No.2 vide his letter dated 26.10.2024 and 12.11.2024 (P-15 & P-19). 4. That the Sub-Divisional Officer (Civil) Haroli, District Una submitted the requisite certificate vide letter No.1035 & 1036 dated 23.11.2024 stating that the land from where Dry and fallen Khair trees required to be felled was vested to the Himachal Pradesh Government under H.P. Village Common Land Vesting & Utilization Act, 1974 vide mutation No.4643 dated 11.08.1975 and the entry of the same was restored back in the name of Panchayat Deh and co-sharer was recorded as Hasav Rasad Mal Gujari vide mutation No.67 dated 27.04.2022. 5. That on receipt of communication from Sub-Divisional Officer (Civil) Haroli the matter was referred to Ld. District Attorney, Una District Una by the respondent No.2 vide his letter No.5360 dated 26.11.2024 for legal opinion. It is submitted that the Ld. District Attorney vide his communication dated 03.12.2024 intimated that it is the sole discretion of the Ld. DFO to grant the permission to the applicant and if any discrepancies arose he may make reference in this regard to the Chief Conservator of Forests. 6. That on the advice of Ld. District Attorney, Una the matter was referred to Conservator of Forests Hamirpur Forest Circle by the respondent No.2 vide his letter No.484 dated 26.11.2024 for necessary directions and Conservator of Forest Hamirpur further referred the case to Principal Chief Conservator of Forests (HoFF) HP Shimla vide his office memo No.2998 dated 05.12.2024. Pr. CCF (HoFF) HP Shimla vide his office memorandum 5 2026:HHC:7922 No.Ft.783-51/2014-15 (Mgt) Una dated 09.12.2024 pointed out that para 14 of Government of Himachal Pradesh order No.FFE-B-A(3)4/99 dated 24.09.2003 (Annexure P-26) is crystal clear and deal such cases in accordance with the same. 7. That in view of directions contained in para 14 of GoHP order No.FFE-B-A(3)4/99 dated 24.09.2003 land for which the demarcation orders to be issued was vested to the Government, therefore, as per this para 14 request of the petitioner to issue demarcation order was rejected by the Divisional Forest Officer Una vide office order dated17.12.2024.” The above reasoning for not accepting petitioners’ application for marking and felling of dry & fallen Khair trees over the land parcels in question cannot be accepted. It is not the case of the respondents that the land in question had even been put to use by the respondent-State during the period it remained vested with the State. It is also an admitted position that ownership of the land in question was transferred back to the private land owners while giving effect to the amending Act No.20 of 2001 to the Himachal Pradesh Village Common Land Vesting and Utilization Act, 1974. Possession of the owners (petitioners) over the land parcels in question prior to 26.01.1950 is also an admitted position. 4. Under following order passed in this matter on 17.07.2025, respondents were directed to demarcate the land parcels and mark dry & fallen trees, if any:- 6 2026:HHC:7922 “Reply not filed by the State. As prayed for, let the needful be done within four weeks. In the meanwhile, the respondents are directed to have the land demarcated and also have the dry and fallen tree, if any, marked. However, it is clarified that passing of this order will not create any equity in favour of the petitioners and the demarcation of the land and marking of the trees shall be subject to any further order that may be passed by the Court.” Pursuant to above order, the respondents carried out demarcation and marked the dry & fallen Khair trees standing over the land parcels in question. The surviving objection of the respondents in not allowing petitioners’ prayer pertains to the orders passed by the Hon’ble Apex Court. According to the respondents, an application had been moved by the State of Himachal Pradesh in T.N. Godavarman Thirumulpad Versus Union of India & Ors.2, specifically pertaining to felling/removal of Khair trees, which was pending adjudication and till the decision on the application, permission to fell dry & fallen trees could not be granted. Noticing this submission, vide order dated 05.12.2025 passed in this petition, State was directed to make an endeavor for expeditious disposal of the aforesaid application. The matter was thereafter listed on 29.12.2025 and 08.01.2026. It was on 11.03.2026 that learned Senior 2 Writ Petition (C) No.202 of 1995 7 2026:HHC:7922 Counsel for the petitioners brought to the notice order dated 12.02.2026 passed by the Hon’ble Apex Court in the applications moved by the petitioners, bearing I.A. Nos.1409, 1413 and 1416 of 2026 in T.N. Godavarman Thirumulpad2. The aforesaid order notices the necessity projected for the petitioners for moving the applications on account of the order passed in this writ petition on 05.12.2025 and denial of permission to them to fell dry & fallen Khair trees on their lands by the respondents as under:- “1. These applications have been moved by some small farmers/agriculturists and landowners of different villages in District Una, Himachal Pradesh. The necessity to file these applications has arisen on account of an order passed by the High Court of Himachal Pradesh on 05.12.2025 in CWP No.9100 of 2025, which has been filed by the present applicants. That writ petition pertains to the grant of permission to fell Khair and other trees on their lands, for which they had applied to the Divisional Forest Officer. That request having been declined, they approached the High Court. 2. The instant applications have been filed to seek clarification of the order dated 12.12.1996 passed by this Court in the instant writ petition, whereby a ban has been imposed on, inter alia, the felling of Khair trees in the State of Himachal Pradesh, notwithstanding whether it is a private or a public notified forest.” After taking cognizance of the previous orders dated 16.02.2018 and 10.05.2023, Hon’ble Apex Court held as under:- 8 2026:HHC:7922 “6. It may, thus, be seen on a cumulative reading of the orders dated 16.02.2018 and 10.05.2023 that: (i) This Court has already granted permission for the removal of dry, fallen, fungus infected diseased and rotten Khair trees standing on the private land through paragraphs 3 and 4 of the order dated 16.02.2018, although subject to the conditions mentioned therein; (ii) so long as the State Forest Department and the Himachal Pradesh State Forest Development Corporation, as well as the land owners, are willing to comply with the conditions imposed by this Court, there is no impediment for the removal of Khair trees of the nature mentioned in clause (ii) of the prayer in I.A. No. 1413/2026, and no separate permission is, thus, required to be granted; (iii) however, the prayer made by the State of Himachal Pradesh to accord permission for en bloc removal/felling of Khair trees from private land has not been accepted by this Court, though a proper plan for that purpose has been permitted to be prepared and thereafter be presented to this Court for approval. The instant applications, therefore, stand disposed of in the above terms, with the clarification that this may not be considered as permission for en bloc removal of Khair trees from private lands.” The above order clarifies that there is no bar for removal of dry, fallen, fungus infected diseased and rotten Khair trees standing over the private land through paragraphs 3 and 4 of the previous order passed by the Hon’ble Apex Court on 16.02.2018, subject to the conditions mentioned therein. 5. In view of above, it has to be held that the impugned order dated 17.12.2024 (Annexure P-1) passed by respondent No.2, rejecting the application moved by the petitioners for felling of dry & fallen Khair trees over the land parcels in question, is bad in the eyes of law. The 9 2026:HHC:7922 order is, therefore, quashed and set aside. In view of order passed by the Hon’ble Apex Court on 12.02.2026 in I.A. Nos.1409, 1413 and 1416 of 2026 in T.N. Godavarman Thirumulpad2, the respondents are directed to carry out demarcation and marking of the fungus infected diseased & rotten Khair trees over the land parcels in question. This exercise be carried out in accordance with law within two weeks from today. Permission to fell dry & fallen Khair trees standing over the land parcels in question and already marked by the respondents pursuant to the order dated 17.07.2025 passed in this writ petition, as also the fungus infected diseased & rotten Khair trees, if any, marked during the fresh demarcation be accorded to the petitioners within a further period of two weeks, subject to fulfillment of conditions imposed in the orders dated 16.02.2018 & 10.05.2023, as reiterated in the order dated 12.02.2026 passed by the Hon’ble Apex Court in I.A. Nos.1409, 1413 and 1416 of 2026 in T.N. Godavarman Thirumulpad2. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua March 19, 2026 Judge Mukesh