2025:HHC:11466-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 367 of 2013 Decided on: 30.04.2025 Roshan Deen … Petitioner Versus Union of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Suneel Awasthi, Advocate. For the respondents : Mr. Virbahadur Verma, CGC for respondent No. 1. : Mr. Rajpal Thakur, Addl. AG for respondents No. 2 to 5-State. : Ms. Shrutika Chauhan, Advocate for respondents No. 6 to 12. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has primarily prayed for the following reliefs:- “i) Issue a writ of certiorari to quash and set aside the mutation No. 144 decided on 29-08-2001 annexed with this writ petition as Annexure P-7 54 whereby the respondent No. 1 has been shown as owner to the extent of 36 shares out of total 48 shares in land comprising in Khata Khatauni No. 22 situated in Mauja Saliana Tehsil Kotkhai, District Shimla without any authority of law. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:11466-DB ii) Issue a writ of mandamus directing the Respondent No.4 to delete the entry incorporated in favour of respondent No. 1 in jamabandi of land comprising in Khewat No. 4 Min, Khautauni No. 22 situated in Mauja Saliana Tehsil Kotkhai, District Shimla whereby the respondent No. 1 has been shown as owner to the extent of 36 shares out of total 48 shares. iii) Issue a writ of mandamus directing the respondent No. 3 to incorporate the name of respondents petitioner owner and Performa-to extent of their respective share against Khata No. 3. Khatauni No. 7. Khita 9 measuring 0.45-10 Hectares, Khatauni No. 6 to 20, Khita 59, measuring 1.98.11 Hectares, Khata No. 4 Khatauni No. 21, Khita 252, measuring 0-12-93 Hectares, Khata No. 4 Khatauni No. 21 to 26 Khitta 11 measuring 0-46-99 Hectares, Khata No. 5 Khatauni No. 28, Khita 44,54,55,56,57,66 measuring 0-38-34 Hectares, Khata No. Khatauni No. 27 to 32 measuring 2-95 Hectares situated in Mauja Saliana Tehsil Kotkhai, District Shimla in the record of right maintained under Land Revenue Act. iv) Issue a writ of Certiorari to Call for the records pertaining to the case at hand. v) Direct the Respondent authorities to pay the cost of the petition.” 3 2025:HHC:11466-DB 2. This Court is of the considered view that in light of provisions of appeal, review and revision as contained in Himachal Pradesh Tenancy and Land Reforms Act, this writ petition is not maintainable as the petitioner was having statutory remedy. 3. At this stage, learned Counsel for the petitioner prays for and is permitted to withdraw this petition with liberty to avail the statutory remedy. This of course is subject to all just exceptions, including the issue of limitation, however, while calculating the limitation, the benefit of the period which has been spent by the petitioner while pursuing this petition in this Court, shall be given to the petitioner. However, this Court is not making any observation with regard to the period between the date of entry of the mutation in issue and the date of filing of the writ petition. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge April 30, 2025 (narender)