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2026 DAILYLAW 8947 (HP)

NEELAM KUMARI v. STATE OF HP AND OTHERS

CWP/7634/2026 · 2026-05-15

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7634 of 2026 Decided on: 15.05.2026 _________________________________________________________________ Neelam Kumari ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Goldy Kumar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General, for respondents No. 1 and 3. Mr. Surender Sharma, Advocate, for respondent No.2. Nemo for respondent No.4. Jyotsna Rewal Dua, Judge Petitioner feels aggrieved against the order dated 12.05.2026, passed by respondent No.3, rejecting her nomination for the office of Pradhan Gram Panchayat Saddun, Tehsil Shahpur, District Kangra, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - 2. Heard learned counsel for the parties and considered the case file. 3. In terms of the impugned order, petitioner’s nomination has been rejected on account of encroachment made by petitioner’s husband Sh. Ravinder Kumar. The documents on record, more specifically, Annexure P-4 and order dated 18.06.2025, passed by the Sub Divisional Magistrate, Shahpur, District Kangra while deciding the compliant preferred by respondent No.4, has held that being a case of encroachment made by petitioner’s husband over Government land, proceedings under Section 163 of the Himachal Pradesh land Revenue Act, 1954 (the Act in short) be initiated against him. 4. Learned Additional Advocate General has placed on record a compendium of documents by way of instructions and on that basis submits that proceedings under Section 163 of Himachal Pradesh Land Revenue Act have been initiated against petitioner’s husband. 5. Taking note of the documents placed on record and the impugned order, relief in the nature prayed for by the petitioner, cannot be granted to her in this writ petition. The - 3 - writ petition accordingly to stand disposed of reserving liberty to the petitioner to seek statutory remedy as available to her under the provisions of Himachal Pradesh Himachal Pradesh Panchayati Raj Act, 1994 and Himachal Pradesh Himachal Pradesh Panchayati Raj (Election) Rules, 1994 in accordance with law, at an appropriate stage. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge May 15, 2026 R.Atal