IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11411 of 2026 Decided on: 13.07.2026 ------------------------------------------------------------------------------------- Chet Ram Sharma …..Petitioner Versus State of H.P. and Anr . .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ravinder Singh Jaswal, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. In view of the pleadings, grievance urged, documents on record, submissions made by learned counsel for the parties and the order being passed hereinafter, there is no necessity to call for reply from the respondents. The matter has accordingly been heard at this 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 stage. 3. Proceedings under Section 163 of the Himachal Pradesh Land Revenue Act, 1954 were initiated against the petitioner. The Assistant Collector Second Grade, Sub Tehsil Dhami, District Shimla, on 28.02.2025 ordered ejectment of the petitioner from Khasra No. 198/1 (00-00- 27 hect.) and Khasra No. 271/1 (00-00-14 hect.) situated at Mouza Kharaun, Sub Tehsil Dhami, District Shimla. Petitioner’s appeal against the aforesaid order was allowed by the Sub Divisional Collector, Shimla (Rural), District Shimla on 07.07.2025 and the matter was remanded with direction to be heard afresh in a transparent manner. Consequent to this, the Assistant Collector Second Grade, Sub Tehsil Dhami, addressed an office latter dated 03.11.2025 to the Sub Divisional Collector, Shimla (Rural), informing him that he had already passed ejectment order against the petitioner on 28.02.2025; The said order was passed in accordance with law; Still after the remand order passed by the Sub Divisional Collector, Shimla (Rural) on 07.07.2025, petitioner was heard in the matter again. The Assistant Collector Second Grade, Sub Tehsil Dhami, requested 3 clarifications in order to proceed further in the matter. 4 Petitioner’s grievance is to the warrant of ejectment issued by the concerned Kanango, Sub Tehsil Dhami, District Shimla on 01.07.2026 for implementing the order dated 28.02.2025 passed by the Assistant Collector Second Grade, Sub Tehsil Dhami. Petitioner’s grievance against the warrant of ejectment issued by the concerned Kanungo on 01.07.2026, is justified as the warrant of ejectment is based upon order of Assistant Collector Second Grade, Sub Tehsil Dhami dated 28.02.2025. The said order has already been set aside by the Sub Divisional collector, Shimla (Rural) on 07.07.2025 by allowing petitioner’s appeal. The Sub Divisional Collector, Shimla (Rural) had directed the Assistant Collector Second Grade, Sub Tehsil Dhami to decide the matter afresh in a transparent manner. Learned counsel for the petitioner submits that after remand, the case has not yet been decided by the Assistant Collector Second Grade, Dhami, District Shimla. In that view of the matter, Annexure P-9 i.e. warrant of ejectment issued by the concerned Kanungo is quashed and set aside. Further action in the matter be taken by the respondents in accordance with law 4 pursuant to the order dated 07.07.2025 passed by the Sub Divisional Collector Shimla (Rural). The writ petition is accordingly disposed of. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua July 13, 2026 Judge R.Atal