GURUDEV SINGH AND OTHERS v. THE DIVISIONAL COMMISSIONER KANGA AND OTHERS
CWP/12143/2025 · 2025-08-05
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20571 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20571 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:26362
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 12143 of 2025
Decided on: 05.08.2025 Gurudev Singh and others
… Petitioners
Versus
The Divisional Commissioner, Kangra and others … Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : Mr. Ganesh Barowalia, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional
Advocate General for respondent No.
1. Ajay Mohan Goel, Judge (Oral)
Notice confined to respondent No. 1. As no order adverse to the interests of respondent No. 2 and proforma respondents is intended to be passed by the Court, therefore, no notice is being issued to them. 2. By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-
“I Issue a writ of Certiorari calling for the records of the entire proceedings in Revision Petition No. 4/2024 pending adjudication before the Director, Consolidation of Holdings, Dharamshala, under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971
1 Whether reporters of the local papers may be allowed to see the judgment? 2
2025:HHC:26362
inter se the parties. II. Issue a writ of Certiorari quashing and setting aside the proceedings in Revision Petition No. 4/2024 pending adjudication before the Director, Consolidation of Holdings, Dharamshala, under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 interse the parties, preferred by Respondent No. 2 before Respondent No. 1 and all subsequent orders, notices, summons and proceedings thereto, as being without jurisdiction ab initio. III. Declare that Village Tiyai, H.B. No. 101. Kanungo Tehsil Amb, Circle Chakarai. Himachal Pradesh, having been de- notified w.e.f. 21 April 2004 under Section 3 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, does not fall within the 'notified area' and that no proceedings under the said Act can lie in respect of the said village. V. Issue a writ of Prohibition restraining Respondent No. 1, its officers, agents and any authority acting under The H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, from entertaining, continuing or proceeding further with Revision Petition No. 4/2024 or any other proceeding under the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, in respect of Village Tiyai;”
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2.
Without making any observation on the merit of the case and without observing as to how the Authority has to go forward in the course of adjudication of the lis before it, this writ petition is disposed of with the direction that the matter shall definitely be decided by the learned Divisional Commissioner before 31.12.2025. It is observed that as learned Divisional Commissioner is being given reasonable time to decide the case by this Court, it will not appreciate any prayer for extension of time in this regard. The writ petition is disposed of in above terms, so also pending miscellaneous applications, if any. (Ajay Mohan Goel)
Judge August 05, 2025 (narender)