The Pr. Secy. Revenue To The Govt. Of H.P. … vs Budhu on 13 March, 2026

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    Himachal Pradesh High Court

    The Pr. Secy. Revenue To The Govt. Of H.P. … vs Budhu on 13 March, 2026

            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                  RSA No. 56 of 2026
                                  Date of decision: 13.03.2026.
    
    
    
    
                                                                   .
        The Pr. Secy. Revenue to the Govt. of H.P. & others
    
    
    
    
    
                                                                   ...Appellants.
                                  Versus
    
    
    
    
    
        Budhu                                                     ...Respondent.
    
        Coram:
    
    
    
    
                                           of
        The Hon'ble Mr. Justice Romesh Verma, Judge.
    
        Whether approved for reporting?1
        For the appellants       :      Mr.    Diwakar     Dev    Sharma,
                       rt               Additional Advocate General.
    
        For the respondent       :      Mr. Malay Kaushal, Advocate.
    
        Romesh Verma, Judge (Oral):
    

    The present appeal arises out of the judgment and

    decree, dated 15.01.2025 as passed by the learned District

    SPONSORED

    Judge, Bilaspur, H.P. in Civil Appeal No. 29/13 of 2023,

    whereby the appeal preferred by the present

    appellants/defendants has been ordered to be dismissed and

    the judgment and decree dated 31.03.2023, as passed by the

    learned Senior Civil Judge, Bilaspur, H.P. in Civil Suit No. 72/1

    of 2015, titled as Budhu vs. The Principal Secretary, Revenue &

    others, have been affirmed, whereby the suit filed by the

    1
    Whether reporters of Local Papers may be allowed to see the
    judgment?

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    plaintiff/respondent for declaration and mandatory injunction

    was decreed.

    2. Brief facts of the case are that the

    .

    plaintiff/respondent filed a suit for declaration and mandatory

    injunction in the Court of learned Senior Civil Judge, Bilaspur,

    on 27.05.2015 on the ground that the land comprised in

    of
    Khata/Khatoni No. 2, Khasra No. 102, 103, measuring 3-0

    bighas, situated at Village Tramari, Pargna Rattanpur, Tehsil
    rt
    Sadar, District Bilaspur, H.P. is owned and possessed by the

    plaintiff. In the year 1980, the defendants had constructed

    Deoth-Lag Ghat Jamli link road and for that purpose, the land

    owned and possessed by the plaintiff was utilized. The officials

    of the defendants assured the plaintiff to compensate him for

    utilization of his land, however no steps were taken by him.

    Further, it has been averred in the plaint that the lands of

    Surjan Ram and Chet Ram were also acquired and utilized by

    the defendants for construction of the road in question in the

    year 1987 vide Award No. 1/87. When the plaintiff approached

    the defendants for the grant of compensation, no steps were

    taken by them for the reasons best known to them. Though,

    assurance was given to the plaintiff to compensate him, but till

    date, no compensation amount has been paid, therefore, the

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    plaintiff was constrained to file a suit for declaration to the

    effect that he is the owners in possession of the suit land and

    for mandatory injunction that since the defendants have

    .

    utilized the suit land, therefore, the plaintiff sought vacant

    possession of the suit land.

    3. The suit was contested by the defendants/State by

    of
    raising preliminary objections qua maintainability, locus standi,

    estoppel etc. On merits, it was averred that the
    rt
    defendants/appellants had constructed the road in question

    with the consent of the plaintiff in the year 1980 and the

    defendants had not given any assurance to the plaintiff to pay

    the compensation for the suit land. Lands of Surjan Ram and

    Chet Ram were acquired during the construction of the road in

    question and other portion of the road was constructed with the

    consent of the plaintiff. At the time of construction of the road,

    the plaintiff never raised any objection and now he cannot be

    permitted to raise objection that too after elapse of more than

    35 years of the construction of road and consequently, the

    defendants sought dismissal of the suit.

    4. On the pleadings of the parties, the learned trial

    court framed the following issues:-

    “1. Whether the plaintiff is entitled for the relief of
    declaration to the effect that plaintiff is recorded

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    owner in possession qua the suit land, as prayed
    for ? OPP

    2. Whether the plaintiff is entitled for the relief of
    mandatory injunction, as prayed ? OPP

    .

    3. Whether the suit is not maintainable, as alleged ?

    OPD

    4. Whether the plaintiff has not come to the Court
    with clean hands, as alleged ? OPD

    of

    5. Whether the suit is barred by limitation, as
    alleged? OPD

    6.rt Whether the plaintiff is estopped from filing the
    present suit by his own act and conducts, as
    alleged ? OPD

    7. Whether the plaintiff has no locus standi to file
    the present suit, as alleged ? OPD

    8.. Relief.”

    5. The learned trial court directed the respective

    parties to adduce evidence in support of their contentions to

    corroborate their respective case and ultimately, the learned

    trial court vide its judgment and decree dated 31.03.2023

    decreed the suit of the plaintiff/respondent and it was held that

    the plaintiff is owner in possession of the suit land comprised in

    Khata/Khatoni No. 2, Khasra No. 102, 103, measuring 3-0

    bighas, situated at Village Tramari, Pargna Rattanpur, Tehsil

    Sadar, District Bilaspur, H.P. and is entitled for compensation

    from the defendants for the suit land utilized by the

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    defendants/State for the construction of the road in question in

    the same manner as the lands of Surjan and Chet Ram were

    acquired for the same road and ultimately, the defendants were

    .

    ordered to acquire the suit land and compensate the plaintiff.

    6. Feeling dissatisfied by the judgment and decree,

    dated 01.01.201, the defendants/State preferred an appeal

    of
    before the learned first Appellate Court, which came to be

    dismissed vide judgment and decree dated 27.12.2023.

    7.
    rt
    Still feeling aggrieved by the aforesaid judgments

    and decrees, the appellants/State have preferred the present

    regular second appeal.

    8. It is contended by Mr. Diwakar Dev Sharma, learned

    Additional Advocate General appearing for the appellants/State

    that the learned courts below have not appreciated the real

    point of controversy inter-se the parties and the impugned

    judgments and decrees passed by the learned courts below are

    perverse and thus, liable to be quashed and set aside. He has

    further contended that the learned Courts below have not

    appreciated oral as well as documentary evidence, therefore, on

    that count, the instant appeal deserves to be allowed.

    9. On the other hand, Mr. Malay Kaushal, learned

    counsel for the respondents has defended the judgments and

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    decrees as passed by the learned courts below and has

    submitted that since the land of the respondents was utilized

    for the construction of the road in question, therefore, in view of

    .

    the mandate as laid down by the Hon’ble Supreme Court,

    whereby it has been repeatedly held that no person can be

    deprived of his property without following the due process of

    of
    law, therefore, the impugned judgments and decrees deserve to

    be upheld.

    10.
    rt
    I have heard the learned counsel for the parties and

    have also gone through the material available on the case file.

    11. With the consent of the parties, the case is finally

    heard at admission stage.

    12. It is admitted fact that the land of the plaintiff

    /respondent has been utilized by the defendants/State for the

    construction of road i.e. Deoth-Lag Ghat-Jamli link road.

    13. The Court of the first instance as also the First

    Appellate Court have concurrently held that the land of the

    plaintiff/respondent was utilized for construction of Deoth-Lag

    Ghat-Jamli link road without payment of compensation to

    them. No dispute has been raised as to such findings of fact. It

    has only been contended on behalf of the defendants/State that

    the suit was filed by the plaintiffs after almost 35 years and the

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    same was time barred. In alternative, it was contended that

    since the plaintiff/respondent remained silent for such a long

    period, he was estopped from raising the stale claim. Principle

    .

    of acquiescence has also been sought to be applied against the

    plaintiff/respondent on the premise that the plaintiff/

    respondent was aware about the construction of road and the

    of
    road was constructed with their implied consent and now he

    cannot, turn around to raise objections against the
    rt
    construction of road.

    14. The defendants/appellants are constituents of a

    welfare State. It is well settled that the welfare State cannot

    claim adverse possession against its citizens. Thus, the suit on

    the basis of title cannot be said to be time barred, which right

    could only be defeated by proof of perfection of title by way of

    adverse possession by the other.

    15. Admittedly, the respondent/plaintiff is the title

    holder of the suit property. Being owner of the suit property, he

    may file a suit at any stage until and unless the said right is

    defeated by the present appellants/ defendants by perfection of

    title by way of adverse possession.

    16. Being the owner of the suit land, the

    plaintiff/respondent was well within their right to file a suit for

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    injunction and mandatory injunction since the suit land was

    utilized by the State for construction of the road in question

    without adopting due process of law including the payment of

    .

    amount of compensation.

    17. Admittedly, the defendants/appellants were not in

    possession of any document to show that the plaintiff had

    of
    consented for construction of road through the suit land.

    18. The Hon’ble Apex Court in Vidya Devi vs. State of

    Himachal Pradesh & others (2020) 2 SCC 569 has held that
    rt
    no person can be forcibly dispossess of his property without

    any legal sanction and without following the due process of law

    and depriving her payment of just and fair compensation. The

    State being a welfare State governed by the rule of law cannot

    arrogate to itself a status beyond what is provided by the

    Constitution. The Court has held as follows:

    “12. We have heard learned Counsel for the parties and

    perused the record. 12.1. The Appellant was forcibly
    expropriated of her property in 1967, when the right to
    property was a fundamental right guaranteed by Article
    31
    in Part III of the Constitution. Vidaya Devi vs The State
    Of Himachal Pradesh
    on 8 January, 2020 Article 31
    guaranteed the right to private property 1, which could not
    be deprived without due process of law and upon just and
    fair compensation.

    12.2. The right to property ceased to be a fundamental
    right by the Constitution (Forty Fourth Amendment) Act,

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    1978, however, it continued to be a human right 2 in a
    welfare State, and a Constitutional right under Article 300
    A of the Constitution. Article 300 A provides that no
    person shall be deprived of his property save by authority

    .

    of law. The State cannot dispossess a citizen of his
    property except in accordance with the procedure
    established by law. The obligation to pay compensation,

    though not expressly included in Article 300 A, can be
    inferred in that Article The State of West Bengal v. Subodh

    of
    Gopal Bose and Ors.
    AIR 1954 SC 92. 2 Tukaram Kana
    Joshi & Ors. v. M.I.D.C. & Ors.
    (2013) 1 SCC 353.
    12.3. To forcibly dispossess a person of his private
    rt
    property, without following due process of law, would be
    violative of a human right, as also the constitutional right

    under Article 300 A of the Constitution. Reliance is placed
    on the judgment in Hindustan Petroleum Corporation Ltd.
    v. Darius Shapur Chenai4
    , wherein this Court held that:

    ” 6. … Having regard to the provisions contained in
    Article 300A of the Constitution, the State in

    exercise of its power of “eminent domain” may
    interfere with the right of property of a person by

    acquiring the same but the same must be for a
    public purpose and reasonable compensation

    therefor must be paid.” (emphasis supplied)
    12.4 In N. Padmamma v. S. Ramakrishna Reddy5, this
    Court held that:

    “21. If the right of property is a human right as also
    a constitutional right, the same cannot be taken
    away except in accordance with law. Article 300A
    of the Constitution protects such right. The
    provisions of the Act seeking to divest such right,
    keeping in view of the provisions of Article 300A of

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    the Constitution of India, must be strictly
    construed.” (emphasis supplied) 4 (2005) 7 SCC

    627.
    12.5 In Delhi Airtech Services Pvt. Ltd. & Ors. v. State of

    .

    U.P. & Ors., this Court recognized the right to property as
    a basic human right in the following words:

    “30. It is accepted in every jurisprudence and by

    different political thinkers that some amount of
    property right is an indispensable safeguard

    of
    against tyranny and economic oppression of the
    Government. Jefferson was of the view that liberty
    rt cannot long subsist without the support of property.
    “Property must be secured, else liberty cannot subsist”

    was the opinion of John Adams. Indeed the view that

    property itself is the seed bed which must be conserved if
    other constitutional values are to flourish is the consensus
    among political thinkers and jurists.” (emphasis supplied)

    12.6 In Jilubhai Nanbhai Khachar v. State of Gujarat,7
    this Court held as follows :

    “48. …In other words, Article 300A only limits the
    powers of the State that no person shall be

    deprived of his property save by authority of law.
    There has to be no deprivation without any sanction

    of law. Deprivation by any other mode is not
    acquisition or taking possession under Article 300A.
    In other words, if there is no law, there is no
    deprivation.” (emphasis supplied) 10.3. In this case,
    the Appellant could not have been forcibly
    dispossessed of her property without any legal
    sanction, and without following due process of law,
    there is no deprivation.”

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    12.6 In this case, the Appellant could not have been
    forcibly dispossessed of her property without any legal
    sanction, and without following due process of law, and
    depriving her 6 (2011) 9 SCC 354. 7 (1995) Supp. 1 SCC

    .

    596. payment of just compensation, being a fundamental
    right on the date of forcible dispossession in 1967.
    12.8. The contention of the State that the Appellant or her

    predecessors had “orally” consented to the acquisition is
    completely baseless. We find complete lack of authority

    of
    and legal sanction in compulsorily divesting the Appellant
    of her property by the State.

    12.9. In a democratic polity governed by the rule of law,
    rt
    the State could not have deprived a citizen of their
    property without the sanction of law. Reliance is placed

    on the judgment of this Court in Tukaram Kana Joshi &
    Ors. v. M.I.D.C. & Ors.
    wherein it was held that the State
    must comply with the procedure for acquisition,

    requisition, or any other permissible statutory mode. The
    State being a welfare State governed by the rule of law

    cannot arrogate to itself a status beyond what is provided
    by the Constitution.

    12.10. This Court in State of Haryana v. Mukesh Kumar
    held that the right to property is now considered to be not

    only a constitutional or statutory right, but also a human
    right. 8 (2013) 1 SCC 353. Human rights have been
    considered in the realm of individual rights such as right
    to shelter, livelihood, health, employment, etc. Human
    rights have gained a multi− faceted dimension.
    12.11. We are surprised by the plea taken by the State
    before the High Court, that since it has been in continuous
    possession of the land for over 42 years, it would
    tantamount to “adverse” possession. The State being a

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    welfare State, cannot be permitted to take the plea of
    adverse possession, which allows a trespasser i.e. a
    person guilty of a tort, or even a crime, to gain legal title
    over such property for over 12 years. The State cannot be

    .

    permitted to perfect its title over the land by invoking the
    doctrine of adverse possession to grab the property of its
    own citizens, as has been done in the present case.

    12.12. The contention advanced by the State of delay and
    laches of the Appellant in moving the Court is also liable

    of
    to be rejected. Delay and laches cannot be raised in a
    case of a continuing cause of action, or if the
    circumstances shock the judicial conscience of the Court.
    rt
    Condonation of delay is a matter of judicial discretion,
    which must be exercised judiciously and reasonably in

    the facts and circumstances of a case. It will depend upon
    the breach of fundamental rights, and the remedy
    claimed, and when and how the delay arose. There is no

    period of limitation prescribed for the courts to exercise
    their constitutional jurisdiction to do substantial justice.

    12.13. In a case where the demand for justice is so
    compelling, a constitutional Court would exercise its

    jurisdiction with a view to promote justice, and not defeat
    it.

    12.14. In Tukaram Kana Joshi & Ors. v. M.I.D.C. &
    Ors.,10
    this Court while dealing with a similar fact
    situation, held as follows : “There are authorities which
    state that delay and laches extinguish the right to put
    forth a claim. Most of these authorities pertain to service
    jurisprudence, grant of compensation for a wrong done to
    them decades ago, recovery of statutory dues, claim for
    educational facilities and other categories of similar cases,
    etc.
    Though, it is true that there are a few authorities that

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    lay down that delay and laches debar a citizen from
    seeking remedy, even if his fundamental right has been
    violated, under Article 9 P.S. Sadasivaswamy v. State of
    T.N. (1975) 1 SCC 152. 10 (2013) 1 SCC 353. 32 or 226 of

    .

    the Constitution, the case at hand deals with a different
    scenario altogether. Functionaries of the State took over
    possession of the land belonging to the Appellants without

    any sanction of law. The Appellants had asked
    repeatedly for grant of the benefit of compensation. The

    of
    State must either comply with the procedure laid down for
    acquisition, or requisition, or any other permissible
    statutory mode.” (emphasis supplied)
    rt

    13. In the present case, the Appellant being an illiterate
    person, who is a widow coming from a rural area has

    been deprived of her private property by the State without
    resorting to the procedure prescribed by law. The
    Appellant has been divested of her right to property

    without being paid any compensation whatsoever for over
    half a century. The cause of action in the present case is a

    continuing one, since the Appellant was compulsorily
    expropriated of her property in 1967 without legal

    sanction or following due process of law. The present case
    is one where the demand for justice is so compelling since

    the State has admitted that the land was taken over
    without initiating acquisition proceedings, or any
    procedure known to law. We exercise our extraordinary
    jurisdiction under Articles 136 and 142 of the
    Constitution, and direct the State to pay compensation to
    the appellant.

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    19. To the similar effect, the Hon’ble Apex Court in

    (2022) 7 SCC 508 titled as Sukh Dutt Ratra and another vs.

    State of H.P. and others has held as under:

    .

    “14. It is the cardinal principle of the rule of law, that
    nobody can be deprived of liberty or property without due

    process, or authorization of law. The recognition of this
    dates back to the 1700s to the decision of the King’s
    Bench in Entick v. Carrington17 and by this court in Wazir

    of
    Chand v. The State of Himachal Pradesh18
    . Further, in
    several judgments, this court has repeatedly held that
    rather than enjoying a wider bandwidth of lenience, the
    rt
    State often has a higher responsibility in demonstrating

    that it has acted within the confines of legality, and
    therefore, not tarnished the basic principle of the rule of
    law.

    15. When it comes to the subject of private property, this
    court has upheld the high threshold of legality that must
    be met, to dispossess an individual of their property, and

    even more so when done by the State. In Bishandas v.

    State of Punjab19 this court rejected the contention that
    the petitioners in the case were trespassers and could be
    removed by an executive order, and instead concluded

    that the executive action taken by the State and its
    officers, was destructive of the basic principle of the rule
    of law. This court, in another case – State of Uttar Pradesh
    and Ors. v. Dharmander Prasad Singh and Ors.
    20, held:
    “A lessor, with the best of title, has no right to resume
    possession extra-judicially by use of force, from a lessee,
    even after the expiry or earlier termination of the lease by
    forfeiture or otherwise. The use of the expression ‘re-entry’
    in the lease-deed does not authorise extrajudicial methods

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    to resume possession. Under law, the possession of a
    lessee, even after the expiry or its earlier termination is
    juridical possession and forcible dispossession is
    prohibited; a lessee cannot be dispossessed otherwise

    .

    than in due course of law. In the present case, the fact
    that the lessor is the State does not place it in any higher
    or better position. On the contrary, it is under an

    additional inhibition stemming from the requirement that
    all actions of Government and Governmental authorities

    of
    should have a ‘legal pedigree'”.

    16. Given the important protection extended to an
    individual vis-a-vis their private property (embodied
    rt
    earlier in Article 31, and now as a constitutional right in
    Article 300-A), and the high threshold the State must meet

    while acquiring land, the question remains – can the
    State, merely on the ground of delay and laches, evade its
    legal responsibility towards those from whom private

    property has been expropriated? In these facts and
    circumstances, we find this conclusion to be unacceptable,

    and warranting intervention on the grounds of equity and
    fairness.

    17. When seen holistically, it is apparent that the State’s
    actions, or lack thereof, have in fact compounded the

    injustice meted out to the appellants and compelled them
    to approach this court, albeit belatedly. The initiation of
    acquisition proceedings initially in the 1990s occurred
    only at the behest of the High Court. Even after such
    judicial intervention, the State continued to only extend
    the benefit of the court’s directions to those who
    specifically approached the courts. The State’s
    lackadaisical conduct is discernible from this action of
    initiating acquisition proceedings selectively, only in

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    respect to the lands of those writ petitioners who had
    approached the court in earlier proceedings, and not other
    land owners, pursuant to the orders dated 23.04.2007 (in
    CWP No. 1192/2004) and 20.12.2013 (in CWP No.

    .

    1356/2010) respectively. In this manner, at every stage,
    the State sought to shirk its responsibility of acquiring
    land required for public use in the manner prescribed by

    law.

    18. There is a welter of precedents on delay and laches

    of
    which conclude either way – as contended by both sides
    in the present dispute – however, the specific factual
    matrix compels this court to weigh in favour of the
    rt
    appellant-land owners. The State cannot shield itself
    behind the ground of delay and laches in such a situation;

    there cannot be a ‘limitation’ to doing justice. This court in
    a much earlier case – Maharashtra State Road Transport
    Corporation v. Balwant Regular Motor Service
    , held:

    ’11……”Now the doctrine of laches in Courts of
    Equity is not an arbitrary or a technical doctrine.

    Where it would be practically unjust to give a
    remedy, either because the party has, by his

    conduct, done that which might fairly be regarded
    as equivalent to a waiver of it, or where by his

    conduct and neglect he has, though perhaps not
    waiving that remedy, yet put the other party in a
    situation in which it would not be reasonable to
    place him if the remedy were afterwards to be
    asserted in either of these cases, lapse of time and
    delay are most material.

    But in every case, if an argument against
    relief, which otherwise would be just, is founded
    upon mere delay, that delay of course not

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    amounting to a bar by any statute of limitations, the
    validity of that defence must be tried upon
    principles substantially equitable. Two
    circumstances, always important in such cases,

    .

    are, the length of the delay and the nature of the
    acts done during the interval, which might affect
    either party and cause a balance of justice or

    injustice in taking the one course or the other, so far
    as relates to the remedy.”

    of

    19. The facts of the present case reveal that the
    State has, in a clandestine and arbitrary manner,
    actively tried to limit disbursal of compensation as
    rt
    required by law, only to those for which it was
    specifically prodded by the courts, rather than to all

    those who are entitled. This arbitrary action, which
    is also violative of the appellants’ prevailing Article
    31
    right (at the time of cause of action), undoubtedly

    warranted consideration, and intervention by the
    High Court, under its Article 226 jurisdiction. This

    court, in Manohar (supra) – a similar case where the
    name of the aggrieved had been deleted from

    revenue records leading to his dispossession from
    the land without payment of compensation – held:

    6″Having heard the learned counsel for the
    appellants, we are satisfied that the case projected
    before the court by the appellants is utterly
    untenable and not worthy of emanating from any
    State which professes the least regard to being a
    welfare State. When we pointed out to the learned
    counsel that, at this stage at least, the State should
    be gracious enough to accept its mistake and
    promptly pay the compensation to the respondent,

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    the State has taken an intractable attitude and
    persisted in opposing what appears to be a just and
    reasonable claim of the respondent.

    Ours is a constitutional democracy and the

    .

    rights available to the citizens are declared by the
    Constitution. Although Article 19(1)(f) was deleted
    by the Forty-fourth Amendment to the Constitution,

    Article 300-A has been placed in the Constitution,
    which reads as follows: “300-A. Persons not to be

    of
    deprived of property save by authority of law.–No
    person shall be deprived of his property save by
    authority of law.” 8.This is a case where we find
    rt
    utter lack of legal authority for deprivation of the
    respondent’s property by the appellants who are

    State authorities. In our view, this case was an
    eminently fit one for exercising the writ jurisdiction
    of the High Court under Article 226 of the

    Constitution…

    20. Again, in Tukaram Kana Joshi (supra) while

    dealing with a similar fact situation, this court held
    as follows: (SCC p. 359 para11)

    “11”There are authorities which state that delay
    and laches extinguish the right to put forth a claim.

    Most of these authorities pertain to service
    jurisprudence, grant of compensation for a wrong
    done to them decades ago, recovery of statutory
    dues, claim for educational facilities and other
    categories of similar cases, etc. Though, it is true
    that there are a few authorities that lay down that
    delay and laches debar a citizen from seeking
    remedy, even if his fundamental right has been
    violated, under Article 32 or 226 of the Constitution,

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    -19-

    the case at hand deals with a different scenario
    altogether. The functionaries of the State took over
    possession of the land belonging to the appellants
    without any sanction of law. The appellants had

    .

    asked repeatedly for grant of the benefit of
    compensation. The State must either comply with
    the procedure laid down for acquisition, or

    requisition, or any other permissible statutory
    mode.”

    of

    21. Having considered the pleadings filed, this
    court finds that the contentions raised by the State,
    rt do not inspire confidence and deserve to be
    rejected. The State has merely averred to the
    appellants’ alleged verbal consent or the lack of

    objection, but has not placed any material on record
    to substantiate this plea. Further, the State was
    unable to produce any evidence indicating that the

    land of the appellants had been taken over or
    acquired in the manner known to law, or that they

    had ever paid any compensation. It is pertinent to
    note that this was the State’s position, and

    subsequent findings of the High Court in 2007 as
    well, in the other writ proceedings.”

    20. The similar position has been reiterated and relied

    upon in the judgment of the Hon’ble Apex Court by the Hon’ble

    Division Bench of this Court in CWP No. 491 of 2022, titled as

    Sakuntla Devi and another vs. State of Himachal Pradesh

    & another dated 20.10.2023. After relying upon the judgment

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    -20-

    of the Apex Court in Vidya Devi & SukhDutt Ratra‘s case, the

    Court held as follows:

    “7. In the aforesaid judgments, Hon’ble Apex Court has

    .

    categorically held that contention advanced by the State
    of delay and laches of the appellant in moving the Court is
    liable to be rejected especially when it is not in dispute

    that petitioner are suffering continuous loss coupled with
    the fact that they repeatedly requested the authorities to

    of
    initiate acquisition proceedings.

    8. If the aforesaid judgments are read in their entirety, it
    clearly emerges that land owners cannot be deprived of
    rt
    their land, without following due process of law. If it is so,
    ground raised by the respondents that petitioners have

    made their land available with consent, is of no
    consequence rather, this court, having taken note of the
    fact that the land of petitioners stands utilized for the

    construction of road in question, is compelled to agree
    with the submission of learned counsel for the petitioners

    that her clients are entitled for compensation qua the land
    utilized by respondents for construction of road in

    question.

    10. Admittedly, land of the petitioners stands utilized for

    construction of road but till date, they have not been paid
    any amount, which action of the respondent-State
    certainly amounts to forcible dispossession of the
    petitioners from their land, which is violative of provision
    contained under Art. 300-A of the Constitution of India.

    14. In case titled, State of Himachal Pradesh v. Umed
    Ram Sharma
    (1986) 2 SCC 68, Hon’ble Apex Court has
    held that entire State of Himachal Pradesh is a hilly area
    and without workable roads, no communication is

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    -21-

    possible; every person is entitled to life as enjoined in
    Article 21 of the Constitution of India; every person has
    right under Article 19 (1) (b) of the Constitution of India to
    move freely, throughout the territory of India; for the

    .

    residents of hilly areas, access to road is access to life
    itself. Stand taken by the respondents that there was a
    policy for providing roads on demand of residents as a

    favour to them on conditions that they would not claim
    compensation, cannot be sustained because such stand is

    of
    violative of Article 300A of the Constitution of India.

    15. In case titled Hari Krishna Mandir Trust v. State of
    Maharashtra and others
    , 2020 9 SCC 356, Hon’ble Apex
    rt
    Court has held that though right to property is not a
    fundamental right, but it is still a constitutional right

    under Article 300A of the Constitution of India and also a
    human right; in view of the mandate of Article 300A, no
    person can be deprived of his property save by the

    authority of law. No doubt, State possesses the power to
    take or control the property of the owner of the land for

    the benefit of public, but at the same time, it is obliged to
    compensate the injury by making just compensation.”

    21. The Courts below, after appreciating the oral as well

    as documentary evidence placed on record and on the basis of

    the title, decreed the suit as filed by the respondent and have

    rightly came to the conclusion that he is entitled for mandatory

    injunction with the direction to acquire the portion of the suit

    land which has been utilized by the present appellants for the

    construction of the road.

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    -22-

    22. The Hon’ble Apex Court has repeatedly held that no

    person can be deprived of his property without adopting due

    process of law, therefore, under such circumstances, the plea

    .

    as set up by the appellants-State is not tenable in the facts and

    circumstances of the case, once they have utilized the land of

    the villagers without adopting due process of law. Now the plea

    of
    as raised by the present appellants is not permissible that too

    at the stage of Regular Second Appeal. There are concurrent
    rt
    findings of fact by the Courts below.

    23. The Hon’ble Supreme Court in catena of judgments

    has held that the first appellate is the final court of the fact. No

    doubt, second appellate court exercising the power under

    Section 100 CPC can interference with the findings of fact on

    limited grounds such as – (a) where the finding is based on

    inadmissible evidence; (b) where it is in ignorance of the

    relevant admissible evidence; (c) where it is based on

    misreading of evidence; (d) where it is perverse, but that is not

    case in hand.

    24. The Hon’ble Supreme Court while dealing with scope

    of interference under Section 100 in Hero Vinoth (minor) vs.

    Seshammal, (2006) 5 SCC 545 has held as under:

    “18. It has been noted time and again that without
    insisting for the statement of such a substantial question

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    -23-

    of law in the memorandum of appeal and formulating the
    same at the time of admission, the High Courts have been
    issuing notices and generally deciding the second appeals
    without adhering to the procedure prescribed under

    .

    Section 100 of the CPC. It has further been found in a
    number of cases that no efforts are made to distinguish
    between a question of law and a substantial question of

    law. In exercise of the powers under this section in
    several cases, the findings of fact of the first appellate

    of
    court are found to have been disturbed. It has to be kept
    in mind that the right of appeal is neither a natural nor an
    inherent
    rt right attached to the litigation. Being a
    substantive statutory right, it has to be regulated in
    accordance with law in force at the relevant time. The

    conditions mentioned in the section must be strictly
    fulfilled before a second appeal can be maintained and no
    court has the power to add or to enlarge those grounds.

    The second appeal cannot be decided on merely equitable
    grounds. The concurrent findings of facts will not be

    disturbed by the High Court in exercise of the powers
    under this section. Further, a substantial question of law

    has to be distinguished from a substantial question of
    fact. This Court in Sir Chunilal V. Mehta and Sons Ltd. v.

    Century Spg. & Mfg. Co. Ltd. (AIR 1962 SC 1314) held
    that : “The proper test for determining whether a question
    of law raised in the case is substantial would, in our
    opinion, be whether it is of general public importance or
    whether it directly and substantially affects the rights of
    the parties and if so whether it is either an open question
    in the sense that it is not finally settled by this Court or by
    the Privy Council or by the Federal Court or is not free
    from difficulty or calls for discussion of alternative views.

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    -24-

    If the question is settled by the highest court or the
    general principles to be applied in determining the
    question are well settled and there is a mere question of
    applying those principles or that the plea raised is

    .

    palpably absurd the question would not be a substantial
    question of law.

    ” 19. It is not within the domain of the High Court to

    investigate the grounds on which the findings were
    arrived at, by the last court of fact, being the first

    of
    appellate court. It is true that the lower appellate court
    should not ordinarily reject witnesses accepted by the
    trial court in respect of credibility but even where it has
    rt
    rejected the witnesses accepted by the trial court, the
    same is no ground for interference in second appeal when

    it is found that the appellate court has given satisfactory
    reasons for doing so. In a case where from a given set of
    circumstances two inferences of fact are possible, one

    drawn by the lower appellate court will not be interfered
    by the High Court in second appeal. Adopting any other

    approach is not permissible. The High Court will, however,
    interfere where it is found that the conclusions drawn by

    the lower appellate court were erroneous being contrary to
    the mandatory provisions of law applicable or its settled

    position on the basis of pronouncements made by the
    Apex Court, or was based upon inadmissible evidence or
    arrived at by ignoring material evidence. 20. to 22 xx xx
    xx xx

    23. To be “substantial” a question of law must be
    debatable, not previously settled by law of the land or a
    binding precedent, and must have a material bearing on
    the decision of the case, if answered either way, insofar
    as the rights of the parties before it are concerned. To be a

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    -25-

    question of law “involving in the case” there must be first
    a foundation for it laid in the pleadings and the question
    should emerge from the sustainable findings of fact
    arrived at by court of facts and it must be necessary to

    .

    decide that question of law for a just and proper decision
    of the case. An entirely new point raised for the first time
    before the High Court is not a question involved in the

    case unless it goes to the root of the matter. It will,
    therefore, depend on the facts and circumstance of each

    of
    case whether a question of law is a substantial one and
    involved in the case, or not; the paramount overall
    consideration being the need for striking a judicious
    rt
    balance between the indispensable obligation to do justice
    at all stages and impelling necessity of avoiding

    prolongation in the life of any lis.”

    25. The Hon’ble Supreme Court in Annamalai vs.

    Vasanthi, 2025 INSC 1267, has held as follows:-

    “16. Whether D-1 and D-2 were able to discharge the

    aforesaid burden is a question of fact which had to be
    determined by a court of fact after appreciating the

    evidence available on record. Under CPC, a first appellate
    court is the final court of fact. No doubt, a second

    appellate court exercising power(s) under Section 100 CPC
    can interfere with a finding of fact on limited grounds,
    such as, (a) where the finding is based on inadmissible
    evidence; (b) where it is in ignorance of relevant
    admissible evidence; (c) where it is based on misreading
    of evidence; and (d) where it is perverse. But that is not
    the case here.

    17. In the case on hand, the first appellate court, in
    paragraph 29 of its judgment, accepted the endorsement

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    -26-

    (Exb. A-2) made on the back of a registered document
    (Exb. A-1) after considering the oral evidence led by the
    plaintiff-appellant and the circumstance that
    signature(s)/thumbmark of D-1 and D-2 were not

    .

    disputed, though claimed as one obtained on a blank
    paper. The reasoning of the first appellate court in
    paragraph 29 of its judgment was not addressed by the

    High Court. In fact, the High Court, in one line, on a flimsy
    defense of use of a signed blank paper, observed that

    of
    genuineness of Exb. A-2 is not proved. In our view, the
    High Court fell in error here. While exercising powers
    under Section 100 CPC, it ought not to have interfered
    rt
    with the finding of fact returned by the first appellate
    court on this aspect; more so, when the first appellate

    court had drawn its conclusion after appreciating the
    evidence available on record as also the circumstance that
    signature(s)/thumbmark(s) appearing on the document

    (Exb.A2) were not disputed. Otherwise also, while
    disturbing the finding of the first appellate court, the High

    Court did not hold that the finding returned by the first
    appellate court is based on a misreading of evidence, or is

    in ignorance of relevant evidence, or is perverse. Thus,
    there existed no occasion for the High Court, exercising

    power under Section 100 CPC, to interfere with the finding
    of the first appellate court regarding payment of
    additional Rs. 1,95,000 to D-1 and D-2 over and above
    the sale consideration fixed for the transaction. 18. Once
    the finding regarding payment of additional sum of
    Rs.1,95,000 to D-1 and D-2 recorded by the first appellate
    court is sustained, there appears no logical reason to hold
    that the plaintiff (Annamalai) was not ready and willing to
    perform its part under the contract particularly when Rs.

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    -27-

    4,70,000, out of total consideration of Rs. 4,80,000, was
    already paid and, over and above that, additional sum of
    Rs.1,95,000 was paid in lieu of demand made by D-1 &
    D-2. This we say so, because an opinion regarding

    .

    plaintiff’s readiness and willingness to perform its part
    under the contract is to be formed on the entirety of
    proven facts and circumstances of a case including

    conduct of the parties. The test is that the person claiming
    performance must satisfy conscience of the court that he

    of
    has treated the contract subsisting with preparedness to
    fulfill his obligation and accept performance when the
    time for performance arrives.”

    rt

    26. No other point was raised by the learned counsel for

    the parties.

    27. Both the Courts below have rightly appreciated the

    Point in controversy after considering the oral as well as

    documentary evidence placed on record. No question of law

    much less substantial question of law arises in the present

    case.

    28. In view of above, the present appeal being devoid of

    any merit deserves to be dismissed. Ordered accordingly.

    Pending application(s), if any, also stands disposed of.

    (Romesh Verma)
    Judge

    13th March, 2026.

    (Nisha)

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