SHALI GRAM v. THE SUB-DIVISIONAL MAGISTRATE SARKAGHAT MANDI AND OTHERS
CWP/10900/2025 · 2025-07-28
Ajay Mohan Goel
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 19295 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19295 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:24564 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.10900 of 2025 Decided on: 28.07.2025 Sh. Shali Gram
… Petitioner Versus Sub Divisional Magistrate, Sarkaghat & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : M/s Amit Kumar Dhumal and Parul Negi, Advocates. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 4-State. Mr. Ramesh Kumar, Field Kanungo, Circle Rakhoh, Tehsil Sarkaghat, District Mandi, H.P. and Mr. Daleep Singh, Patwari, Patwar Circle,
Basantpur, Tehsil Sarkaghat, District Mandi, H.P., are present in person. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) issue appropriate writ, order or direction directing Respondent No.2 to 4 to ensure compliance with the mode of partition prepared on 09.03.2023 and conclude the partition proceedings in a time-bound manner; ii) direct an enquiry to be conducted by a senior revenue officer or other appropriate authority into the misconduct, dereliction of duty, and misleading statements made by 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:24564 the Kanungo and the Patwari concerned in connection with the partition proceedings and if found guilty disciplinary actions be taken; iii) direct the Kanungo, Girdwar Halka Rakhoh, and Patwari Patwar Circle Basantpur, Tehsil Sarkaghat, District Mandi and other concerned revenue officials to act on the instructions already issued by the Assistant Collector and Sub-Divisional Magistrate without any further delay; iv) award costs of the present petition in favour of the Petitioner.”
2. When this case was listed on 10.07.2025, the following
order was passed:-
“In compliance to the order passed by this Court on 08.07.2025, Sh. Ramesh Kumar, Circle Kanungo and Mr. Daleep Singh, Patwari concerned, are present in person in the Court. They assure the Court that needful will be done within a period of two weeks from today. List on 28.07.2025. Abovementioned officials to remain present in the Court on said date alongwith the
order of compliance. At this stage, learned Additional Advocate General, on instructions from said officials, informs the Court that there are bushes on the land in question which had to be cut for doing needful. Learned Counsel for the petitioner submits that the Authorities be directed to get the bushes removed and expenses thereof shall be borne by the petitioner. Ordered accordingly.”
3 2025:HHC:24564
3. Learned Additional Advocate General informs the Court that in terms of the order passed by the Court, the land stands demarcated by the Revenue Officers.
4.
Learned counsel for the petitioner submits that interest of justice would be served in case the petition is disposed of with the direction to the respondent No.2 to conclude the partition proceedings within some reasonable time.
5. Accordingly, without making any observation on the merits of this case, the petition is disposed of with the direction that let the partition proceedings be taken to the logical conclusion as expeditiously as possible, of course by adhering to the principles of natural justice and after affording an opportunity of being heard to all the stake holders, preferably within a period of three months from today. Pending miscellaneous application(s), if any also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge July 28, 2025 (Rishi)