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2026 DAILYLAW 1951 (HP)

BISHAMBAR NATH v. STATE OF HP AND OTHERS

LPA/307/2024 · 2026-04-09

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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2026:HHC:11491 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 307 of 2024 Reserved on : 06.04.2026 Decided on : 09.04.2026 Uploaded on:_ 09.04.2026 Bishambar Nath ...Appellant Versus State of H.P. and others …Respondents. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the appellant : Ms. Kamakshi Tarlokta, Advocate. For the respondents : Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No. 1 & 2. : Mr. Anshul Jairath, Advocate, for respondents No. 3 to 7. Bipin Chander Negi, Judge The present appeal has been preferred against the impugned judgment dated 11.6.2024, whereby the petition preferred by the present appellant, bearing CWP No. 4502 of 2024, has been dismissed. 2. The writ petition in the case at hand had been preferred by the present appellant on 30.12.2023. By way of the writ petition, a challenge had been laid to the grant of Nautor under the H.P. Nautor 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- Land Rules, 1968, in favour of the predecessor-in-interest of present respondents No. 3 to 7 on 6.11.2004. 3. The appellant in the case at hand had himself applied for grant of Nautor on 7.11.1987. Nautor had been sought by the appellant with respect to Khasra Nos. 70, 80 and 86/2 measuring 3-2 bighas, situated at Village and Post Office Rei, Tehsil Pangi, District Chamba, H.P. The allotment had been made in favour of the present appellant on 7.4.1999. The Khasra numbers allotted were Khasra Nos. 70 and 86/2 measuring 2-4 bighas. Conspicuous by absence in the allotment made to the appellant was Khasra No.80. 4. Subsequent thereto, the predecessor-in-interest of respondents No. 3 to 7 had applied for grant of Nautor with respect to Khasra Nos. 78, 80, 86/1 and 973 measuring 4-3-0 bighas. The same was sanctioned in favour of late Sh. Devender Kumar on 6.11.2004. As already stated supra the grievance of the appellant in the case at hand is with respect to the grant of Khasra No. 80 in favour of late Sh. Devender Kumar by way of Nautor. The challenge so laid has been rejected by the learned Single Judge on the ground of delay and laches alone. 5. As per the appellant, in the writ petition, specifically in para 7, it has been categorically pleaded that the appellant became aware of the allotment in favour of the predecessor-in-interest of respondents No. 3 to 7 in the year 2016. Conspicuous by absence is -3- a sufficient cause shown in the petition preferred by the appellant, whereby, despite having become aware of the allotment in favour of the predecessor-in-interest of respondents No. 3 to 7 in the year 2016, no challenge was laid to the same till the filing of the present petition in May, 2024. 6. Other than the aforesaid, an allotment made way back on 6.11.2004 cannot be permitted to be assailed after a lapse of 20 years in December, 2023. Further, from the facts and circumstances in the case at hand, it is evident that the appellant had applied for Khasra No. 80 way back on 7.11.1987, however, at the time of allotment on 7.4.1999, Khasra No. 80 had not been allotted to the present appellant. No grievance in this respect was ever raised by the present appellant. For the foregoing reasons, we see no reason to interfere in the well-reasoned judgment of the learned Single Judge. Accordingly, the appeal is dismissed being devoid of any merit. Pending miscellaneous applications, if any, also stand disposed of. (G.S. Sandhawalia) (Bipin Chander Negi) Chief Justice Judge 09th April, 2026 (Tarun)