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2026 DAILYLAW 371 (HP)

LAXMI CHAND AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/4053/2026 · 2026-03-30

Jyotsna Rewal Dua

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4053 of 2026 Decided on: 30.03.2026 Laxmi Chand and others …..Petitioners Versus State of H.P and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Ashwani Pathak, Senior Advocate with Mr. Dev Raj, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General for respondents No. 1 to 4. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “I. That the letter dated 21.06.2017, Annexure P/3, Tripartite agreement dated 29.06.2017 Annexure P/4 and other consequential proceedings arising from such Annexures including lease deed may be quashed and set-aside and be held unjust, illegal and non-binding qua the petitioners or alternatively the respondents Nos. 1-5 may be directed to deposit the enhanced amount of compensation jointly and severally payable to the petitioners as per the award dated 27.04.2017 Annexure P/2 passed by the learned Reference Court, Solan, H.P. II. That further the respondent No.1 i.e. The State of H.P may be directed to deposit the award amount at the first instance which later may be recovered/adjusted by the State against the respondent No.5 from lease amount which is being received by the State regularly. In case the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 respondents fail to deposit the award amount, the land of the petitioners may be restored back to the land owners/petitioners with cost of litigation.” 2. After arguing for sometime, learned Senior counsel submits that there have been inadvertent errors in pleadings as also on the issues which have been raised vis-a-vis decisions already rendered on the subject more particularly rendered in Tohnu Ram deceased through L.Rs and another versus Ultra Tech Cement and another,2 therefore, petitioners be permitted to withdraw this petition with liberty to file afresh in accordance with law. 3. Granting such permission, present petition is disposed of as withdrawn. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua March 30, 2026 Judge yogesh 2CMPMO No.325/2025 decided on 02.09.2025 a/w connected matters.