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2026 DAILYLAW 15776 (HP)

OM PRAKASH v. NAIB TEHSILDAR-CUM-ASSISTANT COLLECTOR

CWP/11809/2026 · 2026-07-16

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11809 of 2026 Decided on: 16.07.2026 ------------------------------------------------------------------------------------- Om Prakash and Anr. …..Petitioners Versus State of H.P. and others . .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr.Virender Kumar, Advocate vice Mr. Ganesh Barowalia, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No. 1 and 6. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge At the oral request of learned counsel for the petitioners, State of Himachal Pradesh, through Secretary (Revenue) to the Government of Himachal Pradesh, is impleaded as respondent No.6. 2. Notice. Mr. Rajat Chaudhary, learned Assistant Advocate General, appears and waives service of notice on behalf of respondents No. 1 and 6. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 In view of the limited grievance raised in this writ petition, there is no necessity to call for reply from the appearing respondents. Notice is also not required to be issued to respondents No. 2 to 5. The matter has accordingly been heard at this stage. 3. The case set up by the petitioners is that they alongwith private respondents are co-owners of subject land. To separate their share in the joint land, petitioners instituted application under Section 123 of the Himachal Pradesh Land Revenue Act, 1954 before respondent No.1 on 18.11.2024. The matter was proceeded further by the concerned Revenue Authority. Mode of partition was framed on 12.06.2025. Pursuant to the mode of partition so framed, instrument of proposed partition has also been prepared. Petitioners’ grievance is that the aforesaid partition proceedings are not being taken to their logical conclusion despite there being no hurdle in concluding the same. 4. In view of the case set up and grievance raised in this writ petition, the same is disposed of with direction to respondent No. 1/ Competent Authority to conclude the partition proceedings under reference in accordance with 3 law, as expeditiously as possible, preferably within three months from today. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 16, 2026 Judge R.Atal