IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.205/2024 Date of Decision: 05th December, 2025. Lachhmi Dutt and Ors. .....Petitioners Versus State of HP and Ors. ...Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Vipin Pandit, Advocate. For the Respondent: Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondents No.1 to 3. Respondent No.4 proceeded against ex parte. Bipin Chander Negi, Judge (oral). The present petition has been preferred against the impugned order dated 16.08.2023, whereby an application preferred under Order 6 Rule 17 read with Section 151 CPC for amendment of the plaint filed by the present petitioner/plaintiff has been rejected. 2. The dispute in the case at hand pertains to a road, which passes through the suit land. On account of the raising of the level of the road, the suit land, which exists on the lower elevation was alleged to be getting damaged. Keeping in view the aforesaid controversy, in order to work out an amicable settlement inter se the parties, the respondents were directed to have instructions, as to whether they would be ready and willing to reduce the level of the existing road in order to get the same below the suit land, owned by the petitioner. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 3. On 28.11.2025, the following instructions were obtained.:- “In this connection, it is intimated that the HPPWD is agreeable to lowering the existing level of the road by 300 mm (approximately one foot). However, it may be specifically noted that: 1. The alignment of the road shall remain unchanged. 2. Only the level of the road will be lowered by 300 mm in the stretch of the road passing through the suit land.” 4. On instructions received, learned counsel for the petitioner/plaintiff submits that the petitioner/plaintiff is agreeable to the aforesaid proposal and the petitioner/plaintiff may be permitted to withdraw his suit bearing No.32-K/1 of 2017, titled as Lachhmi Dutt and Ors. Vs. State of HP and Ors., pending in the Court of learned Civil Judge, Kandaghat, District Solan, HP. In view of the aforesaid, the suit wherefrom the present proceedings arise is disposed of, as withdraw. Respondents to ensure that the lowering of the road, in the case at hand, is done within three months from today. 5. In view of the aforesaid, present petition stands disposed of, so also the pending miscellaneous application(s), if any. (Bipin Chander Negi) Judge 05th December, 2025 (Gaurav Rawat)