( 2026:HHC:36039 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4196/2023 Decided on: 25.08.2026 Jan Kalyan Samiti & Ors. …..Petitioners Versus State of H.P. & Ors. .....Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Bhuvnesh Sharma, Sr. Advocate with Ms. Vishali Lakhanpal, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General. Jyotsna Rewal Dua, J. Petitioners are residents of Gram Panchayat Bardhiyar, District Hamirpur. They have taken exception to the order dated 05.06.2023, passed by the District Collector, Hamirpur, reverting the government land situated in village Duleh Mauza Saproh, Tehsil Nadaun, District Hamirpur, which had previously been transferred to the H.P. Public Works Department for construction of Panchayat Ghar of the aforesaid Gram Panchayat. 2. Heard and considered the case file. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:36039 ) 2(i) Gram Panchayat, Bardhiyar did not have Panchayat Ghar. Resolution was passed by Gram Panchayat, Bardhiyar on 25.03.2021 for construction of Panchayat Ghar at one of its constituent village, Duleh. Copy of resolution was forwarded to the Deputy Commissioner, District Hamirpur. The Sub-Divisional Officer (Civil), Nadaun, District Hamirpur, on 14.10.2021 sent a proposal for transferring the land measuring 0-07-76 hectares, comprised in Khata No. 36 min, Khatauni No. 74 min, Khasra No. 212/1 in village Duleh, Mauza Saproh, Tehsil Nadaun, District Hamirpur in favour of Panchayati Raj Department for construction of Panchayat Ghar. The concerned departments, viz. Forest Department, Public Works Department, Jal Shakti Vibhag, and also the Himachal Pradesh State Electricity Board gave their consent for transferring the aforesaid land to the Public Works Department for construction of Panchayat Ghar. The proposed land was in allottable pool in terms of Revenue Record. Keeping in view the resolution, the demand of the public and the consent given by concerned departments, the District Collector, Hamirpur, vide order dated 25.04.2022 transferred the above-described government land in favor of Panchayati Raj Department for construction of Panchayat Ghar in public interest, subject to following conditions: - “1. That the land transferred to the aforesaid department will be used with two years. for the purpose for which it is transferred failing which it will be reverted back to State Govt. 3 ( 2026:HHC:36039 ) 2. If the land transferred is found more than the actual requirement, surplus land will be reverted back to state Govt. 3. The user Agency will be entirely responsible for keeping this land free from encroachment. 4. The user Agency will have to depute its representative to consult the authorities of Revenue department, to take the possession of the land transferred and getting it mutated in the name of department. 5. The user agency will not confer any right to cut trees if any from the land transferred without the permission of the department concerned. 6. In case the conditions imposed above are violated the transfer will be reverted back to the Govt. without any further notice. The file after due completion be consigned in the GRR. One of the conditions imposed while transferring the land was that the land was to be used within two years for the purpose for which it was transferred, failing which it was to revert back to the State Government. On 19.05.2022, funds to the tune of Rs.6,00,000/- were approved by the respondents for construction of new Panchayat Community Center (Panchayat Ghar). First installment of Rs.5,00,000/- was also provided for the said purpose. 2(ii) On 03.06.2023, Gram Panchayat, Bardhiyar passed another resolution seeking cancellation of the land sanctioned for construction of Panchayat Ghar under office order dated 25.04.2022. In terms of this resolution, Gram Panchayat, Bardhiyar proposed for constructing the Panchayat Ghar at village Bardhiyar instead of village Duleh, where the land had been sanctioned and transferred by the District Collector, Hamirpur. The aforesaid resolution was brought to the 4 ( 2026:HHC:36039 ) notice of District Collector the same day (i.e. 03.06.2023) by the concerned Block Development Officer, Nadaun. Immediately acting upon the aforesaid communication, District Collector, Hamirpur on 05.06.2023 passed the order reverting back the government land. Being aggrieved against the order dated 05.06.2023, petitioners have preferred this writ petition. 3. In the common reply filed by respondents No.1 to 4, the sole reason attributed for cancelling the transfer of the land in question is the resolution passed by Gram Panchayat, Bardhiyar on 03.06.2023. The relevant paras from the reply read as under: - “4. That in reply to the contents of this para, it is submitted that vide order dated 25.04.2022 (Annexure P-4 of CWP), the Government land comprised in Khata No. 36 min, Khatouni No. 4 min, Khasra No. 212/1 area measuring 0-07-76 Hect. in Village Duleh, Mouza Saproh, Tehsil Nadaun, District Hamirpur (HP) was ordered to be transferred in favour of Panchayati Raj Department, Government of HP for the construction of Panchayat Ghar as per proposal received from the Sub Divisional Officer (Civil), Nadaun (HP). It is further submitted that the letter No. 4715 dated 03.06.2023 (Annexure P-6 of CWP) was received from the replying respondent No. 3 alongwith resolution No. 1 of Gram Panchayat Bardhiyar (Annexure P-10 of CWP) and therein after, vide order dated 05.06.2023 (Annexure P-7 of CWP), already transferred land was reverted back to the Government as the same was not in use of the Department concerned and also the members of Gram Panchayat had passed resolution to transfer the land in Khasra No. 93 of Revenue Village Bardhivar instead in Khasra No. 212 of Village Duleh. It is further submitted that the Gram Panchayat had also submitted in resolution that the Government of HP in its notification (No. PCH. HA(1)2/2019-59368-384 dated 15.09.2020) has notified 5 ( 2026:HHC:36039 ) the name of newly created Gram Sabha as Bardhiyar with its head office at Bardhiyar. Therefore, accordingly, as per the letter of BDO- cum-Assistant Commissioner and resolution of Gram Panchayat, Bardhiyar (HP), the land was reverted back to the Government. 6. That the contents of para No. 6 are wrong hence denied. It is submitted that the land in question has been reverted back as per the resolution of the Gram Panchayat Bardhiyar and letter received from the replying respondent No. 3. It is further submitted that the Panchayati Raj Department, Government of HP vide notification No. PCH-HA(1)2/2019-59368-384 dated 15.09.2020 (Annexure P-3 of CWP) has also notified the headquarter of Gram Sabha Bardhiyar at Bardhiyar. However, it is submitted that the detailed reply has already been submitted in para supra(s). 8. That the contents of this para are wrong hence denied. It is submitted that the replying respondent No 2 has reverted the land in question as per the resolution of the Gram Panchayat, Bardhiyar and letter received from the BDO-cum-Assistant Commissioner, Development Block, Nadaun (HP).” During hearing of the case, learned counsel appearing for the parties apprised that the land in question continues to remain unutilized and is lying vacant on the spot. 4. In my considered view, the District Collector, Hamirpur acted with undue haste in ordering to revert back the transferred land. The land was transferred by him on 25.04.2022 for construction of Panchayat Ghar of Gram Panchayat, Bardhiyar. The transfer was effected after duly acknowledging the sentiments of the public and the consent for transfer given by all the concerned departments. The transfer was subject to the terms and conditions mentioned in the order. 6 ( 2026:HHC:36039 ) One of the conditions was the utilization of the land for the purpose for which it was transferred within two years, failing which the land was to be reverted to the State Government. Even before the expiry of two years, the land was reverted back to the State Government by the District Collector under the impugned order dated 05.06.2023. The reversion was ordered only on the ground of the subsequent resolution passed by the Gram Panchayat, Bardhiyar on 03.06.2023. This resolution was passed on 03.06.2023 and, based upon the same, two days later, the impugned order was issued reverting the land to the State Government. Reversion of the land is not in consonance with the conditions on which the land was transferred. It is not the case of the respondents that the conditions for reverting the land back to the State Government, imposed under order dated 25.04.2022, were attracted. It is also not the case of the respondents that Gram Panchayat, Bardhiyar has constructed its Panchayat Ghar at any other place, be it village Duleh or village Bardhiyar or any of the other constituent villages of the concerned Gram Panchayat. That being the position, the impugned order, therefore, cannot be sustained. Accordingly, the petition is allowed. The impugned order dated 05.06.2023 (Annexure P-7) is quashed and set aside. Consequently, the land shall be treated to have been restored back to the Panchayati Raj Department for construction of Panchayat Ghar in terms of and as per the conditions imposed in the order dated 25.04.2022 (Annexure P-4). Follow up action in revenue 7 ( 2026:HHC:36039 ) records be taken forthwith. The respondents, however, shall be at liberty to proceed in the matter in accordance with law and in consonance with the conditions imposed in the aforesaid order. The instant petition is disposed of in above terms. Pending application(s), if any, stands disposed of. Jyotsna Rewal Dua Judge 25th August, 2026 (rohit)