RSA No. 360 of 1998 11.11.2008 Present: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the appellant. Mr. Ramakant Sharma, Advocate for the respondent. It is not disputed by the parties that the suit land is an evacuee property. The procedure for ejectment of the respondent could be ordered by initiating the proceedings under the Administration of Evacuee Property Act, 1950 and not under Section 163 of the H.P. Land Revenue Act, 1953. There is a concurrent finding recorded by both the Courts below that the order passed by the Assistant Collector Ist Grade, Kasauli is without jurisdiction. In view of the settled position, the learned Senior Additional Advocate General does not press this regular second appeal. However, he prays that since the proceedings were to be initiated against the respondent under the Administration of Evacuee Property Act, 1950, the State may now be permitted to act in accordance with law for eviction of the respondent. The prayer being genuine, the State is permitted to initiate eviction proceedings against the respondent under the provisions of the Administration of Evacuee Property Act, 1950. In view of the observations made hereinabove, the regular second appeal is dismissed. No costs. (Rajiv Sharma), J. November 11, 2008. (cr)