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2025 DAILYLAW 8113 (HP)

GHANSHYAM GULERIA v. STATE OF HP AND OTHERS

CWP/4745/2024 · 2025-07-03

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 4745 of 2024 Decided on 03rd July 2025 Ghanshyam Guleria …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. R.L. Chaudhary, Advocate. For the respondents: Mr. Pushpinder Singh, Additional Advocate General, for respondent No.1. Ms. Sunita Sharma, Senior Advocate, with M/s Dhananjay Sharma and Sugandh Verma, Advocates, for respondents No.2 to 6. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- (i) “That writ of mandamus may kindly be issued, directing the respondent authorities to remove 3 KV electricity line from the land of son of the petitioner, which was installed 32 years back and not electricity connection as given to said line and the said line is existing through the land of the son of the petitioners on which they will construct their houses, since the whole family of the petitioner is residing in an old house which is in a dilapidated condition. (ii) That writ of mandamus may kindly be issued, directing the respondents Board to install the said electricity line on the border of land of son of the 2 petitioner after removing the same from the middle of the land, because without doing so, the sons of the petitioner cannot construct their houses over their own land.” 2. When the matter was listed on 27.06.2025, the following order was passed:- “Having heard learned counsel for the petitioner and having perused the averments made in the writ petition, this Court is of the considered view that the present petition is not maintainable as the petitioner is not the owner of the land vis-à-vis which the relief is being claimed by him. Faced with this situation, learned counsel for the petitioner submits that the matter be taken up after some time to enable him to have instructions. As prayed for, list on 03.07.2025.” 3. Today, learned counsel for the petitioner submits that the petitioner be allowed to withdraw this writ petition so that the petition can be filed by the actual land owner. 4. Petition is allowed to be withdrawn with liberty as prayed for. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 03, 2025 (Vinod)