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2025 DAILYLAW 25805 (HP)

RAVINDER SINGH v. THE STATE OF HP AND OTHERS

CWP/15033/2025 · 2025-09-17

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:32258 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15033 of 2025 Decided on : 17.09.2025 Ravinder Singh …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 : M/s Rajinder S. Jamwal and Shivangi, Advocates. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. allow the present petition; b. quash the Entries made in the Revenue Record / record of rights / Mutations i.e. Jamabandi by virtue of Will dated 03.05.2018 having Regd. No. 84/2018 registered before Sub-Registrar Kangra through which the deceased bequeath all the ancestral property in 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:32258 favour of respondent No. 4 for which he was not authorised by the law of the land without the consent of the other Co-sharers / Co-parceners and without the authentication of the Will from the District Judge in the form of probate /letter of Administration, thereby transferred the ownership rights of the ancestral property in favour of respondent No. 4.” 2. This Court is of the considered view that this writ petition is completely misconceived. Obviously, there is civil lis between the petitioner and the private respondent and the grievance raised in the writ petition can be best addressed and redressed by way of a Civil Suit or by invoking remedy under the provisions of H.P. Land Revenue Act and not by way of a writ petition under Article 226 of the Constitution of India. 3. The issue primarily relates to the veracity of the Will of Late Sh. Pritam Chand, father of the petitioner and grand- father of the private respondent. 4. In light of this fact, obviously, the petitioner has to invoke the jurisdiction of the Civil Court for the redressal of his grievances and in light of Section 46 of the H.P. Land Revenue Act, which provides that a party can file a suit for declaratory 3 2025:HHC:32258 decree, if aggrieved by an entry in a record of rights, obviously the reliefs prayed for in the writ petition have to be agitated in the mode provided in the H.P. Land Revenue Act. Therefore, this Court is not showing any indulgence under Article 226 of the Constitution of India and reserves the right of the petitioner to invoke the jurisdiction of the Civil Court. 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 17, 2025 (Shivank Thakur)