Himachal Pradesh High Court Flags Gaps In Agriculturist Certificate Process, Directs State To Revise 2010 Instructions

The Himachal Pradesh High Court has found an “apparent lacunae” in the procedure of issuance of Himachali agriculturist certificates and directed the State government to revamp instructions of March18, 2010 governing verification of agricultural land and eligibility for agriculturist status.The Court remarked that the forms used for issuing certificates required only a declaration that the person is an agriculturist or belongs to an agriculturist family, and there was no clarification to confirm whether the land is being cultivated personally. The Court stated that “We are of the considered opinion that the instructions dated 18.03.2010… need to be revamped… to bring it in tune with the purpose of the Act as it is always open to misuse by persons who are not agriculturist…”A Division Bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj remarked that: “A perusal of Form A-I would go on to show… the only declaration has to be given that a person is agriculturist/belong to an agriculturist family… and therefore apparently it is easy to give a false declaration… without any factual verification at the spot regarding personal cultivation.”Background:The issue arose when Court remarked that it received multiple emails highlighting the issue of illegal certificates, including from the areas where the land long ceased to be agricultural. Thereafter, the Court directed the State to revise the 2010 instructions to bring them in line with the purpose of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, Act.In response, the Additional Chief Secretary (Revenue) filed an affidavit stating that as per instructions of 2010, revenue officials were asked to undertake a systematic verification process to confirm whether the land recorded and used for agricultural purposes and whether it is being cultivated personally by the applicants or their family members and to do spot inspections and confirm ground realities. The Court reiterated that the statute defines “(2) 'agriculturist' means a landowner who cultivates land personally…”“(4) 'to cultivate personally'… means (i) by one's own account; (ii)… by one's labour; (iii)… by labour of any member of one's family; or (iv)… under personal supervision… by hired labour or servant…”The matter is next listed for February 2026 and directed copies of affidavits and news items to be shared for further assistance. Case Name: Court on its own motion v/s State of H.P. and others Case No.: CWPIL No.82 of 2024Date of Decision: 26.11.2025For the Petitioner: Ms.Sneha Kaushal, Legal Aid Counsel For the Respondent: Mr. Gobind Korla, Additional Advocate General.Click Here To Read/Download Order

Himachal Pradesh High Court Flags Gaps In Agriculturist Certificate Process, Directs State To Revise 2010 Instructions

Mehak Aggarwal

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