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2025 DAILYLAW 2944 (HP)

RAJESH KUMAR v. THE STATE OF HP AND OTHERS

LPA/906/2025 · 2026-05-11

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 906 of 2025 Decided on: 11.05.2026 Rajesh Kumar .…Appellant. Versus State of H.P. and Ors. …Respondents. Coram The Hon’ble Mr. Justice Gurmeet Singh Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 For the appellant : Mr. Pankaj Negi, Advocate. For the respondents : Ms. Priyanka Chauhan, Deputy Advocate General. G.S. Sandhawalia, Chief Justice (Oral) The present appeal is directed against the order passed by the learned Single Judge in CWP No. 18846 of 2025, decided on 01.12.2025, titled as Rajesh Kumar Vs. State of H.P. and others. The writ petition filed by the present appellant was dismissed on 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:15827 ) the ground that the relief sought was only for consideration and decision of the appeal pending before the Revenue Authorities since the year 2025, and it was not demonstrable from the record that the authority is not making an earnest effort to dispose of the appeal. 2. During the course of hearing, it transpired that the only prayer made was for expeditious decision of Case No. 21 of 2025 (Appeal), which was pending before the Sub Divisional Officer, Badsar, and was instituted on 01.04.2025. 3. Keeping in view the events, the learned Single Judge had decided the matter on 01.12.2025. However, prior to the passing of the order, the appeal had already been decided on 25.08.2025 and a copy of the same has now been placed on record in pursuance of the last order. In such circumstances, no exception can be found to the order passed by the learned Single Judge. 4. However, since the case pertains to the issue of demarcation and encroachment of public interest is also involved, we are of the considered opinion that as 3 ( 2026:HHC:15827 ) the matter has now been remanded by the Collector to the Assistant Collector 1st Grade for fresh adjudication after hearing the parties and the general public has also been arrayed as respondents, the matter deserves to be decided expeditiously in accordance with law. The needful be done within a period of three months. 5. Accordingly, the appeal is disposed of, so also the pending application(s) if any. (G.S. Sandhawalia) Chief Justice (Bipin C.Negi) Judge 11th May, 2026 (sushma)