2025:HHC:18549 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4868 of 2025 Decided on: 18.06.2025 Jitender and others … Petitioners Versus Uoin of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : Mr. B.S. Attri, Advocate. For the respondents : Mr. Nand Lal Thakur, Senior Panel Counsel, for respondent No. 1. : Ms. Shreya Chauhan, Advocate for respondent No.2. : Mr. Pushpender Jaswal, Additional Advocate General for respondent No. 3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have primarily prayed for the following relief:- “i) That writ of mandamus may kindly be issued, directing the respondents to release the compensation amount with respect to acquisition of land of the petitioners comprised in Khasra No. 286/1, 287/1, 287/2, 306/1, 306/2, 307/1, 307/2, 307/3, 310/1 etc., situated in Up- Mohal Chalaunthi, Tehsil & District Shimla, H.P. alongwith 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:18549 interest @ 18% from the date of passing of the Award No. 9/2023, dated 20.01.2023 till actual payment.” 2. When this case was listed before the Court on 19.05.2025, the following order was passed:- “Mr. Balram Sharma, learned Deputy Solicitor General of India, Ms. Shreya Chauhan, learned counsel and Mr. Pushpinder Jaswal, learned Additional Advocate General, accept notice on behalf of respondents No. 1 & 2 & 3, respectively. The Court stands informed that primarily the issue raised by the petitioner has to be addressed and redressed by respondent No.2. Learned Additional Advocate General is directed to have instructions as to what is the impediment in the release of the amount, which stands deposited by NHAI, in favour of the petitioner. List on 18.06.2025, as prayed for.” 3. Today, learned Additional Advocate General has handed over a copy of instructions received from Sub Divisional Officer (C), Shimla (R)-cum-Competent Authority Land Acquisition, NHAI (Parwanoo-Shimla), District Shimla, which is taken on record. A perusal thereof demonstrates that a civil suit for permanent injunction, i.e. Civil Suit No. 79 of 2023, is pending adjudication in 3 2025:HHC:18549 the Court of learned Senior Civil Judge, Shimla, regarding the same land that has been acquired by the NHAI and learned Senior Civil Judge, Shimla, vide order dated 27.04.2023, has directed that status quo be maintained qua the land in question, which order is still in force. A copy of the plaint is appended with the instructions and a perusal thereof demonstrates that the predecessor-in-interest of the petitioners, namely, Sh. Roop Lal and Shankar Lal, were impleaded as defendants in the said civil suit. 4. Taking into consideration the fact that there is a dispute going on between the petitioners and some other private litigant vis- à-vis the suit land and the pendency of the civil suit was conveniently concealed from this Court by the petitioners, no relief as prayed for can be granted to the petitioners as they will have to Await for the outcome of the civil suit. The writ petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 18, 2025 (narender)