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2025 DAILYLAW 2608 (HP)

KEDAR CHAND v. THE STATE OF HP AND ANOTHER

CWP/12205/2025 · 2026-03-11

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12205/2025 Decided on: 11.03.2026 Kedar Chand ….Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Y.P. Sood, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 & 2. Mr. Onkar Jairath, Advocate for respondent No.3. Jyotsna Rewal Dua, J This writ petition has been filed for the grant of following substantive relief: - “That writ of certiori may kindly be issued and the impugned order dated 11.07.2025 Annexure P-8 passed by respondent No.2 in Case No.1/2025 titled State of Himachal Pradesh Versus Kedar Chand under Section 163 of H.P. Land Revenue Act, 1954 may kindly be ordered be quashed and set 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 aside and also the entire proceedings as conducted contrary to the procedure prescribed under H.P. Land Revnue Act 1954 and in violation of principles of natural justice the respondent No.2 in the above 3+ case be also quashed in the interest of justice and fair play.” 2. The order impugned by the petitioner was passed by the Tehsildar-cum-Assistant Collector First Grade, Nerwa, District Shimla on 11.07.2025. The order was passed in exercise of jurisdiction under Section 163 of the H.P. Land Revenue Act, 1954. In terms of the said order, the petitioner was found to have encroached upon the Government land involved in the proceedings. 3. Heard learned counsel for the parties and perused the case file. 4. It is not in dispute that the petitioner has statutory remedy available against the impugned order in terms of Sections 14 & 17 of the H.P. Land Revenue Act, 1954. 5. At this stage, learned counsel for the petitioner sought permission to withdraw the instant petition in order to avail the statutory remedy available to the petitioner. A prayer has also been made for exclusion of the period spent in pursuing the present petition for the purposes of limitation. For the foregoing reasons and in view of the submissions made on behalf of the petitioner, the petition is disposed of as withdrawn with liberty reserved to the petitioner to 3 seek appropriate remedy as may be available to him in accordance with law. The period spent in pursuing the present petition shall stand excluded from computation of limitation. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 11th March, 2026(rohit)