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High Court of Himachal Pradesh · body

2025 DAILYLAW 26694 (HP)

SAHI RAM v. STATE OF HP AND ORS

CMPMO/577/2025 · 2025-09-25

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 577 of 2025 Decided on: 25.09.2025 Sahi Ram … 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 : Mr. Rahul Singh Verma, Advocate. For the respondent : Mr. Sumit Sharma, Deputy AG for respondents-State. Ajay Mohan Goel, Judge (Oral) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has inter alia prayed for the following reliefs:- “It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash & set-aside the illegal proceedings initiated under Section 163 of the H.P. Land Revenue Act against the petitioner on the complaint of respondent No. 4, which is pending before the Respondent no. 3 i.e. Naib Tehsildar, Paonta Sahib, District Sirmour, HP. in case Missal No. 1/2025, titled as State of HP v/s Sahi Ram. Call for the records of the proceedings under Section 163 of the H.P. Land Revenue Act & pleased to quash the impugned demarcation reports prepared by Patwari Shiv Prakash Pathik after his transfer, being without jurisdiction and contrary to the rules. Declare the Zimni order dated 12.08.2025 void & non- 1 Whether reporters of the local papers may be allowed to see the judgment? 2 est in the eyes of law & hold that the petitioner has not encroached upon any portion of Government land comprised in Khasra No. 312, Mauja Banour (Kumlah), Tehsil Paonta Sahib, District Sirmour, HP. Direct that if any demarcation is to be conducted, the same be carried out afresh strictly in accordance with the Financial Commissioner's Demarcation Guidelines, by an independent revenue officer of appropriate rank, by physical survey on site, in presence of both parties.” 2. Having heard learned Counsel for the petitioner, in light of the fact that these proceedings are not maintainable under Article 227 of the Constitution of India and the petitioner otherwise also has the statutory remedy available against the orders/acts of the Authority, this petition, as prayed for, is dismissed with liberty to the petitioner to avail the statutory remedy. In case, statutory remedy is availed by the petitioner, then the Authority concerned shall redress the grievance of the petitioner prayed by way of this petition, in accordance with law. 3. To enable the petitioner to avail statutory remedy, it is ordered that till 15.10.2025, no coercive action shall be taken against the petitioner. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 25, 2025 (narender)