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2018 DAILYLAW 2374 (HP)

ISHWAR SINGH AND ANOTHER v. STATE OF HP AND OTHERS

CWP/2436/2018 · 2026-07-30

Jyotsna Rewal Dua

body2018

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2436 of 2018 Decided on: 30.07.2026 Ishwar Singh and another …..Petitioners Versus State of H.P and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Vaibhav Tanwar, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No. 1 & 3. Ms. Sunita Sharma, Senior Advocate with Ms. Harshita Dogra, Advocate, for respondents No. 2 & 4. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “a) Writ of mandamus may kindly be issued to the respondents to initiate acquisition proceeding qua the land of the petitioners used for the construction of tower bearing Khewat No.7/7 min, Khatauni 13, Khasra No. 1106, measuring 00-19-14 Hect. Situated at Mauza and Mohal Samoli, Tehsil Rohru, District Shimla, H.P. or in the alternative to pay the adequate compensation to the petitioners after making an assessment of value of land. b) To direct the respondents department to remove/shift the tower & transmission line from and over the land of the petitioners. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. Admittedly, the petitioners have not invoked the remedy available to them under the Indian Telegraph Act. Learned counsel for the petitioners submits that petitioners be permitted to withdraw the writ petition as they intend to avail appropriate statutory remedy available to them, however, the period spent in pursuing this litigation be ordered to be excluded for the purpose of limitation. 3. In view of above, this writ petition is permitted to be withdrawn and accordingly, stands disposed of. The period spent in pursuing this writ petition shall not be computed for the purpose of limitation. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua July 30, 2026 Judge yogesh