Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.21214 of 2025 and
connected matters
Decided on: 20.03.2026 _________________________________________________________________
1. CWP No. 21214 of 2025 Saket Lakhotia
....Petitioner
Versus Union of India & Ors .
…Respondents _________________________________________________________________
2. CWP No. 21222 of 2025 Ashima Sharma
....Petitioner
Versus Union of India & Ors .
…Respondents _________________________________________________________________
3. CWP No. 21244 of 2025 Sandeep Ahuja and Anr
....Petitioners
Versus Union of India & Ors .
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Navneet K Bhalla, Advocate.
For the respondents: Mr.Avinash Jaryal and Mr. Bharat Bhushan, Sr. Panel Counsel for respondent No.1, in the respective writ petitions.
Ms. Menka Raj Chauhan, Deputy Advocate General for the
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
- 2 - respondents-State in all the writ petitions.
Mr. Raman Ravi Verma, for respondent No.4 in all the writ petitions.
Mr. Shakti Bhardwaj, Advocate, for respondents No. 5 and 6 in all the writ petitions.
Jyotsna Rewal Dua, Judge
All these writ petitions involve common question of law and facts, therefore, are taken up together for adjudication.
Almost same relief has been prayed in all these writ petitions. For convenience, relief clause of CWP No. 21214 of 2025 is being reproduced hereinafter:-
“a) Please issue writ to the effect that provisions contained in State Legislation as contained in Section 118 (1) and Section 183(3) (D) of H.P. Tenancy and Land Reforms Act, 1972 as amended from time to time shall give way to the provisions as envisaged in Sections 11,18, 19 and 40 of Parliamentary Legislation Real Estate (Regulation and Development) Act 2016. (b) Please quash the ANNEXURE-P/6 and ANNEXURE- P/7 and ANNEXURE-P/8 to the extent the operation of recovery certificate issued under Section 40(1) ANNEXURE-P/4 (Colly.) is precluded and hindered. (c) To recover the total amount, declared as arrear of land revenue vide ANNEXURE-P/5 dated 14.11.2022
- 3 - alongwith interest @9.3% per annum from the date of each payment by sale of properties as mentioned in ANNEXURE-P/2 or in alternate by any other mode. (d) Please issue mandate with direction to respondent no. 2 and 3 to execute and comply the orders passed by the respondent no. 4 ANNEXURE-P/3 and ANNEXURE- P/4 (Colly.) in terms of Section 103 of H.P. Land Revenue Act, 1954.”
2.
Learned counsel for the petitioner(s) submitted that these writ petitions be treated to have been filed only for relief (d) and other prayers be treated as given up. Prayer is accepted.
3.
Learned counsel for parties on both sides submit that relief (d) and the grievance of the petitioner(s) qua this relief has already been adjudicated upon in Pawan Wasant Borle Vs. Union of India and others2. That findings recorded in Pawan Wasant Bolre2 are squarely applicable to the instant writ petitions as well; That instance writ petitions be disposed of in terms of the directions issued in Pawan Wasant Borle2.
4.
Having regard to the above submissions, these writ petitions are also disposed of in light of Pawan Wasant Bolre2 with direction to respondent No.3, District Collector,
2 CWP No. 1153 of 2026 decided on 25.02.2026
- 4 - Solan, District Solan, to ensure that recovery proceedings initiated by the Competent Authority pursuant to the orders passed by RERA, recovery certificates issued by RERA and the demand orders issued by respondent No.3 in all these writ petitions are taken to their logical conclusion expeditiously in accordance with law.
Pending miscellaneous application(s), if any, also to stand disposed of.
Jyotsna Rewal Dua
Judge March 20, 2026 R.Atal