HP Land Revenue Act | Assistant Collector Must Act As Civil Court When There Is Plea Of Adverse Possession: HP High Court

The Himachal Pradesh High Court held that when a person facing eviction under Section 163 of the H.P. Land Revenue Act, 1954 (which empowers revenue authorities to remove encroachments from Government land) raises a plea of adverse possession, the Assistant Collector must convert himself into a Civil Court as per Section 163(3) of the Act.

Justice Ajay Mohan Goel remarked that: “It was incumbent upon the Revenue Authority, i.e. Assistant Collector, 1st Grade, to have had converted itself into a Civil Court and proceeded with the matter thereafter, as if it was a Civil Court. Failure on the part of the Assistant Collector, 1st Grade to do so, rendered the order passed by him null and void.”

The petitioner, Roshan Lal, approached the High Court challenging the orders of the Trial Court and the Appellate Court, which had refused to grant him interim relief in a civil suit filed along with an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

Both the courts held that since the disputed land stood recorded in the name of the Government, there was no prima facie case in favour of the petitioner.

The petitioner contended that proceedings under Section 163 of the H.P. Land Revenue Act were initiated against him on the ground of alleged encroachment, but he had replied with a plea of adverse possession.

He further contended that despite filing a reply of adverse possession, the Assistant Collector failed to convert himself into a Civil Court, which is a mandate under Section 163(3).

The High Court observed that the lower courts had ignored the statutory mandate under Section 163(3) as once a plea of adverse possession was raised, it was obligatory for the Assistant Collector to convert the proceedings into a civil trial.

Thus, the Court concluded that the eviction order was void.

Case Name: Shri Roshan Lal v/s State of H.P. and another

Case No.: CMPMO No. 141 of 2024

Date of Decision: 31.10.2025

For the Petitioner: Mr Mohinder Verma, Advocate.

For the Respondent: Mr R.P. Singh, Deputy Advocate General

Click Here To Read/Download Order