2025:HHC:12870 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10483 of 2023 Decided on: 07.05.2025 Shri Hans Raj … Petitioner Versus State of H.P. and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Jagan Nath, Advocate. For the respondents : Mr. Rajpal Thakur, Addl. AG for respondent-State. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has primarily prayed for the following reliefs:- “ It is, therefore, most respectfully prayed that in view of the facts and circumstances, mentioned hereinabove, the present writ petition may kindly be allowed, orders may kindly be passed inter alia in favour of the petitioner on the following effect: a) That the writ of mandamus may kindly be issued to quash and set aside the notices dated 7.1.2022, 2.4.2022 and 6.7.2022 (Annexures P. 4, P-5 and P-6)issued by respondent No. 3 and the proceeding pending before learned Collector Sub Division under Section 4 and 7 of H.P. Public Premises and Land Eviction & Rent Recovery Act, 1971 (Annexure P-8).” 2. During the pendency of this petition, the petitioner has 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:12870 been transferred and the Court stands informed that after his transfer, the accommodation in issue stands vacated by the petitioner. Now, as per learned Counsel for the petitioner, the surviving grievance is only qua the recovery of arrears, as is being demanded from the petitioner. The Court further stands informed that proceedings under the H.P. Public Premises and Land Eviction & Rent Recovery Act, 1971, are pending against him before the statutory authority. 3. This Court is of the considered view that when the statutory authority is already seized of the matter, which is to determine as to whether the petitioner could be said to be in unauthorized possession of the public premises or not, even the issue of recovery can be adjudicated by the said authority. Accordingly, these proceedings are closed, but as prayed for, with liberty, to the petitioner to agitate the issue of recovery before the statutory authority, which may sympathetically consider the prayer of the petitioner in this regard. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 07, 2025 (narender)