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2025 DAILYLAW 9320 (HP)

NARAIN DASS Died through LRs Joginder Singh and Ors. v. STATE

CWP/6978/2010 · 2025-04-07

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:9581 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6978 of 2010 Decided on: 07.04.2025 Joginder Singh & others … Petitioners Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following reliefs:- “ (a) the impugned acts of the respondents whereby land in question has been ordered to be vested in the State of Himachal Pradesh may kindly be quashed and set aside after summoning the alleged vestment orders if any passed by them as petitioner has failed to lay his hands on the same despite his best efforts, as the same is contrary to the provisions of the Act and Rules and Scheme thereunder. (b) impugned orders, Annexure P1, P.4 and P5 as passed by respondents may kindly be quashed and set aside 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:9581 being Contrary to all norms of justice and in sequel thereto directions may kindly be issued to the respondents to allow the petitioner to continue in possession as bartandaran in accordance with law; (e) Directions may kindly be given to correct wrong revenue entries qua vestment and allotment as made; (d) Petitioner may kindly be ordered to be declared as owner-in-possession being bartandaran of the land in dispute in the interest of law and justice.” 2. In the light of judgment passed by this Court in CWP No.2088 of 2016 of even date, this petition is disposed of with the direction that no action shall be taken against the petitioners for their ejectment from the orders in issue and the orders impugned herein are quashed and set aside with further observation that now everything will abide by the outcome of the proceedings which are to be initiated afresh by the Assistant Collector, 1st Grade concerned. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge April 07, 2025 (Rishi)