2025:HHC:26379 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 10185 of 2024 Decided on : 05.08.2025 Parkash Chand and another. …Petitioners Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : M/s Rupesh Kumar and Parav Sharma, Advocates. For the respondents : Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1 to 4. Mr. Ketan Singh, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have, inter alia, prayed for the following relief:- “(i) That the Respondents No.1 to 4 may kindly be directed to get the obstruction removed from the general public path/ambulance road existing on the land comprising Khasra No. 2169/606 (old 606/1), situated in Mohal Tip Uperla, Tehsil Khundian, District Kangra (H.P.) 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:26379 immediately from Respondent No.5.” 2. The grievance of the petitioners is that the land comprising Khasra No. 605 and 606, situated in Mohal Tip Uperla, Tehsil Khundian, District Kangra, H.P., was in joint ownership and possession of the petitioners and respondent No.5. In the year 2013, Gram Panchayat constructed a 3 meter wide pavelled path through the land comprising Khasra No. 606. This land was partitioned and respondent No.5 was allotted land comprising Khasra No. 606/1 (old) i.e. Khasra No. 2169/606 (new), on which said ambulance road is there. According to the petitioners, as respondent No.5 has obstructed this road, hence, they have approached this Court. 3. Reply to the petition stands filed by respondents No.1 to 3 and respondent No.5. 4. It is evident from the reply filed by respondents- State that the land in issue was allotted to respondent No.5 in terms of Annexure R-1, appended with the reply and mutation to this effect was also attested in favour of respondent No.5 on 09.01.2015, which has not been challenged. It has also been mentioned in the response of the State that there is a civil lis 3 2025:HHC:26379 titled Mahlu Ram Vs. Amar Singh & Ors., pending with regard to the said mutation in the Court of learned Civil Judge (Senior Division), Dehra, District Kangra. 5. Thus, it is evident from the pleadings of the parties that after partition as the land has fallen into the share of respondent No.5, the petitioners have approached this Court with the prayer made in the writ petition. 6. In the light of the fact that the land in dispute is not a Government land and it is a private land owned by the petitioners, respondent No.5 and other land owners, it is not for this Court to decide said dispute in these proceedings. Accordingly, these proceedings are closed, but with liberty, as prayed for, to the petitioners to invoke the jurisdiction of the appropriate Fora for redressal of their grievance, if any. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 05, 2025 (Shivank Thakur)