SULOCHANA AND ANOTHER v. COLLECTOR SUB DIVISION PAONTA SAHIB AND OTHERS
CMPMO/255/2026 · 2026-09-10
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 22636 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 22636 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 255 of 2026 Decided on: 10.9.2026 Sulochna & anr.
… Petitioners Versus Collector, Sub Division Paonta Sahib, & anr.
…Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioners: Mr. R.K. Gautam, Senior Advocate, assisted by Mr. Jai Ram Sharma, Advocate. For the Respondents : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. AGs, for respondent No. 1. Mr.Karan Singh Kanwar, Senior Advocate, assisted by Mr.
Ashutosh
Bhardwaj, Advocate for respondent No. 2. None for respondent No. 3. Virender Singh, Judge
(oral)
Petitioners have filed the present petition, under Article 227 of the Constitution of India, against the order dated 26.8.2025, and 2.12.2025, passed by the Court of
2 learned Collector, Sub Division, Paonta Sahib, District Sirmour, H.P. (hereinafter referred to as ‘the Collector’).
2. Vide order dated 26.8.2025, the learned Collector has dismissed the application, under Order 1 Rule 10 CPC, which has been moved by the petitioners, on the ground that they are the recorded tenants over the suit land, which is the subject matter of the redemption.
3. It has fairly been conceded by learned counsel appearing for the parties at the Bar that in the application under Order 1 Rule 10 CPC, notices were issued to the parties to redemption application and reply/replies to the application was/were filed. Meaning thereby, the pleadings were complete. However, while deciding the application, the learned Collector has not recorded any reason for dismissing the application by holding that the same is not ‘maintainable’, at this stage.
4. When, a person has asserted his civil rights, the same have to be determined by a reasoned order, as
reasoning is sine-qua non for deciding the rights of that person.
3
5. Considering the aforesaid facts, the present petition is allowed and orders dated 26.8.2025 and 2.12.2025, passed by the learned Collector are set aside.
6. Consequently, the matter is remanded back to the learned Collector to decide the application, moved by the present petitioners, under Order 1 Rule 10 CPC, after considering the rival contentions of the parties, afresh. Thereafter, the main matter be also decided, afresh.
7. Since, the present lis is pending since the year 2016, as such, it is expected from the learned Collector to decide the application, as well as, the main case, on or before 31.12.2026.
8. With these observations, the present petition is
disposed of, so also the pending application(s), if any.
9. Any of the observations, made hereinabove, shall not be taken as an expression of o pinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present application. (Virender Singh) 10.9.2026(Kalpana) Judge
4