Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 13457 (HP)

AJAY SINGH RATHORE v. THE STATE OF HP AND OTHERS

CWP/8938/2025 · 2025-05-29

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:16495 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8938 of 2025 Decided on: 29.05.2025 Sh.Ajay Singh Rathore … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Kunal Verma, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 11-State. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf respondents No.1 to 11. 2. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “(i) Direct the respondents to decide the nautor land sanctioned to the petitioner Grandfather as (Predecessor) of the petitioner (Late Sh. Hardyal Singh) applied in Nautor Form dated 24.02.1966 (Annexure P-2) as per "The Himachal Pradesh Nautor land Rules, 1968. As amended up-to-date. (ii) That till the adjudication of this matter in this Hon’ble court, the proceedings in the trial court is may kindly be stayed. Copy of the proceedings in trial Court is attached herewith Annexure P-21 and Zimni orders Annexure P-25. 3. Taking into consideration the fact that there is a civil lis going on between the petitioner and some other individuals who have been arrayed in the writ petition as respondents No.12 to 18, which proceedings are pending before the Court of learned Civil 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Judge, Senior Division, Joginder Nagar, District Mandi, H.P., the filing of this writ petition is nothing, but an abuse of the process of law, because the petitioner has to get the right first settle in the civil proceedings. This is more so in the light of the averments made in Para-4e of the writ petition, which reads as under:- “43. That Petitioner now has not filed any similar writ petition relating to the same matter in this Hon'ble Court or in any other Court of Law except pending case in CS No 78 of 2024 that is pending titled as Sh. Ajay Singh Rathore V Ramesh Chand and Others filed in Civil Court Joginder Nagar Distt Mandi, Himachal Pradesh, in which there is application for interim relief which has not been decided till date nor pass any order. That is why petitioner seeking indulgence of this Hon’ble Court. Hence, civil Writ petition is being filed.” 4. Accordingly, this petition is dismissed. However, it is clarified that dismissal of this petition shall not have any bearing in the civil proceedings which have been initiated by the petitioner which shall be decided as per its own merit. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge May 29, 2025 (Rishi)