ORDER : SANDEEP SHARMA, J. 1. Vide communication dated 22.1.2014, Government of Himachal Pradesh, Department of Revenue, formulated policy for allotment of 3/2 Biswa of land in rural/urban areas to houseless persons/families, which reads as under: "In supersession of this Department letter No. Rev.B.F(1)1/2006 dated 28th February, 2007, 05-10-2007 and 01-11-2010 on the subject cited above, I am directed to say that on reconsideration of the matter, by the Government, it has been decided to allot 3/2 biswa of land in rural/urban areas in the form of following clarifications:- i. The land is to be allotted out of the surplus land available in the districts under various schemes as such, Himachal Pradesh Utilization of Surplus Areas Scheme, 1974, Himachal Pradesh Village Common Land (Vesting and Utilization) Scheme, 1975, Special Scheme for grant of Nautor land to landless person, 1975 and H.P. Nautor Rules, 1968. ii. The land available in the Government pool is to be allotted onyx by the Deputy Commissioners under the Scheme. iii. In urban areas not much land is available with the Government in any of the schemes mentioned above therefore, the land may have to be acquired for the purpose regarding which action may be taken depending on the number of eligible families in the urban areas. iv. All such families whose income is Rs. 50,000/- per annum or less and who are houseless or those families whose entire land has been washed away in floods and have no suitable land for construction of residential house shall be eligible for allotment of 3 Biswas of land in rural areas and 2 Biswas of land in Urban areas, even if such families are not included in the BPL list issued by the Rural Development Department. v. The land allotted under these instructions shall be mutated in the name of both husband and wife and such land or house built on allotted land shall not be transferred by the allottee or his/her legal heir(s), in any manners,. In case the land so allotted or the house built thereon is transferred by the allottee or his/her legal heir(s), the allotment so made shall stand cancelled and the land alongwith house if any, shall vest in the State Government free from all encumbrances. vi. The provision/requirement of Town and Country Planning would govern such allotments. In case the land so allotted or the house built thereon is transferred by the allottee or his/her legal heir(s), the allotment so made shall stand cancelled and the land alongwith house if any, shall vest in the State Government free from all encumbrances. vi. The provision/requirement of Town and Country Planning would govern such allotments. In addition to above, it has further been decided that following persons will not be entitled for allotment of land under aforesaid instructions: 1. Who have been allotted land under the various allotment schemes/rules of the Government and have transferred/sold the land. 2. who have been conferred with the proprietary rights under HP Tenancy and Land Reforms Act 1972 and have been allotted the land under the scheme for allotment under Ceiling Act and have transferred/sold the land. 3. Who have been allotted the land under any scheme of the Government for landless and have transferred/sold the land. 4. whose father is alive. However, the person who will inherit less than 3/2 biswa of land in Rural/Urban area shall also be eligible for allotment so that his/her total holding is made upto 3/2 biswas. With above instructions it is accepted that there remains no ambiguity in the scheme and all the Deputy Commissioners will take initiative to fulfill the Government announcement in letter and spirit without any further loss of time. Monthly progress report may be sent by 7th of following month. The Deputy Commissioners are requested to monitor the allotments of monthly basis and inform the Government." 2. Pursuant to aforesaid policy/clarification, petitioner claiming himself to be unemployed and landless person, made an application dated 16.12.2014, (Annexure P-2) to District Collector, Kangra at Dharamshala praying therein for allotment of 3/2 Biswa of land comprised in Khasra No. 2260/294/1 situate at Mohal Gabli Dar. Pursuant to directions issued by the office of District Collector, Kangra, Gram Panchayat concerned as well as Additional Commissioner, Municipal Corporation Dharamshala issued No Objection Certificates for allotment of land comprised in Khasra No. 2260/294/1 measuring 0-00-77 hectares (Annexure P-5 and P-7). Besides above, local people as well as Public Works Department also issued no objection certificates in favour of the petitioner (Annexure P-8), subject to certain conditions. 3. Public Works Department, while granting no objection certificate vide communication dated 16.1.2017 (Annexure P-8) laid down certain conditions regarding construction on such land. Besides above, local people as well as Public Works Department also issued no objection certificates in favour of the petitioner (Annexure P-8), subject to certain conditions. 3. Public Works Department, while granting no objection certificate vide communication dated 16.1.2017 (Annexure P-8) laid down certain conditions regarding construction on such land. After having received aforesaid no objection certificates, from the authorities and Gram Panchayat concerned, office of District Collector, Kangra at Dharamshala sent communication to Sub Divisional Officer (Civil) Dharamshala on 30.8.2016 (Annexure P-9) seeking therein clarification that whether the land as proposed to be allotted in favour of petitioner can be allotted during life time of his father or not? 4. It appears from the record that besides above, office of District Collector Kangra also sent communication dated 24.7.2020 to Department of Revenue, Government of Himachal Pradesh, seeking therein clarification that whether 3/2 Biswa can be allotted in rural/urban areas of state to houseless persons/families if his/their father is alive. Pursuant to communication Joint Secretary Revenue, 14.8.220 annexure R-4 annexed with reply of respondents, Department of Revenue, clarified that there is no provision in the scheme which enables department to allot 3/2 land to the petitioner during lifetime of his father. 5. After having received clarification dated, 14.8.2020 (Annexure R-4), District Revenue Officer, Kangra vide communication dated 7.9.2020, apprised petitioner herein that he cannot be allotted 3/2 Biswa of land under the scheme concerned, till the time his father is alive. 6. At this stage, it may be taken note of that the petitioner had filed petition at hand, much earlier than issuance of communication dated 14.8.2020 (Annexure R-4) and 7.9.2020 (Annexure R-5), seeking therein following main relief: "i) That writ in the nature of mandamus may very kindly be issued by directing the respondents to allot the land comprised in Khasra No. 2260/294/1 situated at Mohal Gabli Dar to the petitioner for construction of house." 7. Subsequent to issuance of communication rejecting claim of the petitioner, petitioner filed rejoinder in the present writ petition, praying therein for quashment of annexure R-5 i.e. letter dated 7.9.2020 issued by District Revenue Officer apprising the petitioner with regard to rejection of his application. 8. Subsequent to issuance of communication rejecting claim of the petitioner, petitioner filed rejoinder in the present writ petition, praying therein for quashment of annexure R-5 i.e. letter dated 7.9.2020 issued by District Revenue Officer apprising the petitioner with regard to rejection of his application. 8. Precisely the case of petitioner as reflected in petition and as argued by learned counsel for the petitioner is that bare perusal of Scheme/clarification formulated/issued by Government of Himachal Pradesh regarding allotment of 3/2 Biswa of land in rural/urban areas to houseless persons/families, nowhere suggests that no land under this Scheme can be allotted during the lifetime of father of an applicant, here the petitioner. 9. Learned counsel for the petitioner, while inviting attention of this court to Clause 4, vehemently argued that as per provisions contained in scheme as taken note herein above, 3/2 Biswa land in rural/urban area cannot be allotted to houseless person/family if his/their father is alive but in case person seeking allotment is able to prove that he/she would inherit less than 3/2 Biswa of land in rural/urban area, he/she shall be eligible for allotment of land so that his/her total holding is made upto 3/2 Biswa. 10. Learned Deputy Advocate General, while refuting aforesaid submission made on behalf of the petitioner contends that 6(4) of policy/clarification, clearly lays down that no land shall be allotted under the policy if father of applicant is alive. He contends that second part of clause (4) is independent of first condition contained in clause 4. Learned Deputy Advocate General to strengthen his argument, invited attention of this court to communication dated 14.8.2020 issued by Department of Revenue, Government of Himachal Pradesh, wherein it has been stated that there is no provision in the Scheme regarding allotment of 3/2 Biswa of land in rural/urban areas of State to houseless persons/families to the person, whose father is alive. 11. 11. Having heard learned counsel for the parties and perused material available on record vis-a-vis reasoning assigned by authority concerned, while issuing Annexure R-4, dated 14.8.2020 this court is unable to accept contention of learned Deputy Advocate General that first part of condition contained in clause (4) i.e. "whose father is alive", is to be read independent of subsequent part i.e. "However, the person who will inherit less than 3/2 Biswa of land in rural/urban area shall also be eligible for allotment of land so that his total holding is made 3/2 Biswa. As per policy/clarification which has been reproduced above, all such families whose income is Rs. 50,000/- per annum or less and who are houseless or those families whose entire land has been washed away in floods and have no suitable land for construction of residential house shall be eligible for allotment of 3 Biswas of land in rural areas and 2 Biswas of land in Urban areas, even if such families are not included in the BPL list issued by the Rural Development Department. However, aforesaid allotment shall not be made to the following persons: 1. "Who have been allotted land under the various allotment schemes/rules of the Government and have transferred/sold the land. 2. who have been conferred with the proprietary rights under HP Tenancy and Land Reforms Act 1972 and have been allotted the land under the scheme for allotment under Ceiling Act and have transferred/sold the land. 3. Who have been allotted the land under any scheme of the Government for landless and have transferred/sold the land. 4. whose father is alive. However, the person who will inherit less than 3/2 biswa of land in Rural/Urban area shall also be eligible for allotment so that his/her total holding is made upto 3/2 biswas." 12. Last and most relevant condition as far as case at hand is concerned is condition No. 4 i.e. that whose father is alive shall not be granted land in the scheme under reference. But having carefully read aforesaid condition this court finds that aforesaid condition is subject to one qualification that the person, who will inherit less than 3/2 biswa of land in rural/urban area of State shall also be eligible for allotment so that his/her total land is made 3/2 biswa. But having carefully read aforesaid condition this court finds that aforesaid condition is subject to one qualification that the person, who will inherit less than 3/2 biswa of land in rural/urban area of State shall also be eligible for allotment so that his/her total land is made 3/2 biswa. No doubt, there is "." (full stop) after sentence, "whose father is alive" but if the intention of the framers of the policy was that no land under policy under reference shall be allotted to a person whose father is alive there was no occasion to add further sentence, which though starts independently but clearly states that " however, person who will inherit less 3/2 biswa of land in rural/urban area shall also be eligible for allotment so that his/her total holding is made upto 3/2 biswa. 13. If the intention of framers of policy was not to allot land to persons, whose father is/was alive, it would have not added sentence as has been taken note here in above. Condition as contained in clause 4 is to be read in continuation, which if read like this, would mean that though person whose father is alive, cannot be granted land under the Scheme under reference but in case, he/she is able to show that he will inherit less than 3/2 biswa of land in rural/urban area, he/she shall be eligible for allotment so that his/her total holding is made upto 3/2 Biswa. Aforesaid intention of policy framers to allot land to those persons, who will inherit less than 3/2 biswa of land in rural/urban area, can be gathered from condition No. 4 of the policy, which nowhere provides that person whose father is alive cannot apply for allotment, rather, all such families, whose income is Rs. 50,000/- per annum or less and who are houseless or those families whose entire land has been washed away in floods and have no suitable land for construction of residential house shall be eligible for allotment of 3 Biswas of land in rural areas and 2 Biswas of land in Urban areas. 50,000/- per annum or less and who are houseless or those families whose entire land has been washed away in floods and have no suitable land for construction of residential house shall be eligible for allotment of 3 Biswas of land in rural areas and 2 Biswas of land in Urban areas. Policy framers with a view to provide relief to those persons, whose father though may be alive but they may not be having land more than 3/2 Biswa in rural/urban area, purposely incorporated condition with regard to allotment of 3/2 Biswa of land in favour of person, whose father is though alive but they are having land less than 3/2 Biswa in respective area. 14. At this stage, it would be apt to take note of Rules framed by Government of Himachal Pradesh for allotment of Nautor land, and those are called Himachal Pradesh grant of Nautor land to landless person and other eligible persons, scheme, 1975. Section 8 of the rule supra reads as under: ""8. Where the father is alive, his son or daughter and where the husband is alive, his wife shall not be eligible to apply for Nautor land except as follows:- Exceptions:-(a) if a son or a daughter or a wife proved that the father or the husband as the case may be has disinherited or separated him or her/or has renounced the words, such a son or daughter or wife as the case may be will be eligible for Nautor land..." 15. Though aforesaid rule provides that Where the father is alive, his son or daughter and where the husband is alive, his wife shall not be eligible to apply for Nautor land, except if a son or a daughter or a wife proved that the father or the husband as the case may be has disinherited or separated him or her/or has renounced the words. Though even under HP Nautor Rules, there is a provision that person whose father is alive, cannot make application for grant of Nautor land, but in case, he/she is able to prove that he/she has been disinherited/renounced by his/her husband/father, he shall be entitled for the allotment of land subject to other conditions. 16. Though even under HP Nautor Rules, there is a provision that person whose father is alive, cannot make application for grant of Nautor land, but in case, he/she is able to prove that he/she has been disinherited/renounced by his/her husband/father, he shall be entitled for the allotment of land subject to other conditions. 16. In the case at hand, such exception also exists in Sub clause 4, which though suggests that a person, whose father is alive cannot make application for allotment of land, but in case he is able to prove that he shall inherit land less than 3/2 biswa in rural/urban area, he/she can apply for allotment of land under the Scheme. In the case at hand, careful perusal of annexure P-15, certificate issued by revenue authority reveals that father of petitioner possesses only 00-00-18 hectare of private land, which is otherwise not an agricultural land, meaning thereby father of the petitioner is having land less than three Biswa of land. If this is so, there is no occasion for the petitioner to inherit more than 3/2 Biswa of land after death of his father. Once it is apparent from record that the petitioner shall not inherit land more than 3/2 Biswa in rural/urban area from his father, he is entitled to be granted land 3/2 Biswa in rural/urban area in terms of policy/scheme under reference. 17. There is yet another aspect of the matter that the language couched in Clause 4 is that, "However, the person who will inherit less than 3/2 biswa of land.." meaning thereby that future probability of inheriting land less than 3 or 2 Biswa as the case may be, has been taken into consideration for considering eligibility of a person, meaning further that before demise of father, a son is eligible for allotment of land, if it is established that later on also, he would inherit less than 3/2 Biswa of land, as such, aforesaid condition nowhere bars a person to be allotted land, in case his father is alive, subject to the future inheritance of land less than 3/2 Biswa, as is the case here. Hence, the rejection of the case of petitioner on the ground that his father is alive, is against the policy/clarification, which has been misinterpreted by the respondents. 18. Consequently in view of above, present petition is allowed. Hence, the rejection of the case of petitioner on the ground that his father is alive, is against the policy/clarification, which has been misinterpreted by the respondents. 18. Consequently in view of above, present petition is allowed. Annexure P-5 is quashed and aside and respondents are directed to allot the land in question to the petitioner, subject to fulfillment of other conditions. Since application of petitioner is hanging fire since 2014, this court hopes and trusts that needful shall be done by authorities expeditiously, preferably within a period of six weeks. The petition stands accordingly disposed of alongwith all pending applications.