DAYAL SINGH s/o Late sh. Karam Singh v. NARAIN DASS AND ORS
CMPMO/520/2025 · 2025-09-04
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24456 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24456 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.520/2025
Date of Decision: 04th September, 2025.
Dayal Singh
.....Petitioner Versus Narain and Ors.
….Respondents
Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1 For the Petitioner: Mr. G.R. Palsra, Advocate.
For the Respondents: Nemo
Bipin Chander Negi, Judge (oral).
By way of the present petition, a challenge has been laid to the impugned order dated 26.07.2025, whereby objections filed by the present petitioner to the report of the Local Commissioner have been dismissed.
2. Heard counsel for the petitioner and perused the impugned order and the records appended along with the petition.
3. The Local Commissioner, in the case at hand, had been appointed vide order dated 19.01.2023. The Local Commissioner was to conduct demarcation of the suit land, adjoining land of the respondent and specify the extent of encroachment, if any, found, as had been stated in order dated 06.12.2021.
4. The local Commissioner in his report found no encroachment on the suit land made by the present
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
2 respondent. The learned trial Court after going through the demarcation report has concluded that the suit land was duly demarcated in terms of the applicable rules. In this respect no infirmity was pointed out by the present petitioner before the learned trial Court. The sole contention for not accepting the report by the petitioner being that no encroachment had been found by the Local Commissioner on the suit land.
5. The terms of reference as contained in order dated 16.12.2021, were absolutely clear and categoric. The Local Commissioner was to report the extent of encroachment, if any found. Since nothing was found, therefore, no encroachment was reported on the suit land.
6. Besides the aforesaid, no infirmity in the way and manner in which the demarcation has been conducted has been pointed out to establish that the demarcation was not carried out in consonance with the applicable rules.
7. In view of above stated, I see no merit in the present petition, therefore, the present petition is dismissed being devoid of merit. Pending miscellaneous application(s), if any, shall also stand disposed of.
(Bipin Chander Negi)
Judge 04th September, 2025 (Gaurav Rawat)