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2025 DAILYLAW 23326 (HP)

MINAKSHI DEVI v. STATE OF HP AND ORS

CWP/13812/2025 · 2025-08-27

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:28922 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 13812 of 2025 Decided on : 27.08.2025 Minakshi Devi. …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Ashok Kumar Thakur, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “i) That a writ in the nature of mandamus may very kindly be issued to respondent No.3, thereby directing him to take up partition case No. 2/NTD/P/2024 titled Minakshi Devi v. Mohinder Singh for partition of Khasra No. 1183, measuring 0- 23-22 hectares comprising of Khewat No. 510, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28922 Khatauni No. 609, situate in Mohal Malluwal, Sub Tehsil Dulehar, District Una, Himachal Pradesh and finalize the partition proceedings at the earliest.” 2. In the light of the fact that the partition proceedings have been filed only in the year 2024, no order, as prayed for, can be passed because the petitioner has not been able to demonstrate that the Authorities are not dealing with the matter diligently. If the petitioner is of the view that there is some delay in the finalization of the partition proceedings, then the petitioner may file an appropriate application before the Authority itself to expedite the case and in case, the Authority fails to do so, the petitioner may approach the superior Authority, but it would not be advisable to rush to the High Court at the throw of the hat, as has been done by the petitioner in the present case. 3. At this stage, learned counsel for the petitioner prays that petitioner be allowed to withdraw the petition, with liberty to approach the appropriate Authority. 4. The petition is allowed to be withdrawn, with liberty, as prayed for. Pending miscellaneous application(s), if any, 3 2025:HHC:28922 stand disposed of accordingly. (Ajay Mohan Goel) Judge August 27, 2025 (Shivank Thakur)