SHAILENDER CHAND S/o Late Sh. Roop Chand v. YADVINDER CHAND AND ORS
CMPMO/521/2025 · 2025-09-05
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24734 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24734 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30313 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 521 of 2025 Decided on : 05.09.2025 Shailender Chand …Petitioner Versus Yadvinder Chand and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Ms. Ambika Kotwal, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed
order dated 04.04.2025, passed by Assistant Collector, 1st Grade, Nadaun, in terms whereof, the partition proceedings have been ordered to be closed by the said Authority in the light of the pendency of some legal proceedings.
2. Having heard learned counsel for the petitioner, this Court is of the considered view that the petitioner, if aggrieved, can always assail the order before the Statutory Authority, as is provided under Section 14 of the H.P. Land Revenue Act, 1953. 1Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:30313 The order cannot be directly assailed before the High Court and that too under Article 227 of the Constitution of India.
3. At this stage, learned counsel for the petitioner submits that the petitioner be allowed to withdraw the petition, with liberty to approach the Statutory Authority, however, she submits that the time for filing the Appeal is over.
4. The petition, as prayed for, is allowed to withdraw this petition, with liberty to avail the statutory remedy. It is further ordered that in case, any Appeal is filed by the petitioner on or before 19.09.2025, before the Appellate Authority, then the same shall be construed to have been filed within limitation and shall be adjudicated on merit. However, it is clarified that if no Appeal is filed before 19.09.2025, then law will take its own course.
5. The petition is disposed of, in above terms. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel) Judge
September 05, 2025 (Shivank Thakur)