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2025 DAILYLAW 36281 (HP)

ANITA DEVI v. THE STATE OF HP AND OTHERS

CWP/10204/2025 · 2025-11-11

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:37870 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10204 of 2025 Decided on: 11.11.2025 Anita Devi … Petitioner Versus The State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : M/s Y.K. Thakur and Bhanu Verma, Advocates. For the respondents : Mr. R.P. Singh, Deputy Advocate General, for the respondents-State. Mr. Mohinder Verma, Advocate, for respondents No.5, 6, 8, 10 & 11. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. The respondent No.2 & 4 may please be directed to incorporate the sub-division of the land bearing khasra no.28, measuring 00-17-54 Hectares, situated at Mohal Kawara, Tehsil Shimla (R) District Shimla, H.P. in the revenue records as advised by respondent no.3/SADA vide letter no.SADA(s) Loose Misc./271-74 dated 20/01/2022 referred to Annexure P-4. b. Respondent no.3, 5 to 13 may please be directed to ensure the compliance of statutory permission development. Subdivision of land of the bearing khasra 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:37870 no.28, measuring 00-17-54 Hectares situated at Mohal Katwara, Tehsil Shimla ® District Shimla HP referred to Annexure P-3.” 2. This Court is of the considered view that the issue in hand has to be decided by the Authorities in accordance with law and if the Assistant Collector is not acting as on the communication of Special Area Development Authority (SADA), Shogi, dated 20.01.2022, then it is for the petitioner to bring this fact into the notice of the SADA concerned, so that appropriate orders can be passed by SADA. The High Court cannot be used as a tool for getting the orders executed that have been passed SADA, because the High Court is not the Executing Court for the orders passed by SADA. 3. Therefore, these proceedings are closed, with liberty to the petitioner to approach the SADA. If any such application is filed by the petitioner, then SADA shall take appropriate call thereupon forthwith. 4. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 11, 2025 (Rishi)