Disposed¶21

Rup Lal and Others v. Kanta Sharma and Others

Himachal Pradesh HC3 Sept 2024CMPMO/157/2024

Case brief

AI extract

What is this about?

Himachal Pradesh High Court; CMPMO No.157 of 2024; Jyotsna Rewal Dua; 03-09-2024; Rup Lal v. Kanta Sharma; Trial Court order 18.03.2024 set aside for want of background or reasons; SHO directed to remove hurdles over Khasra No.122; Khasra No.122 conceded not part of suit land; interim order 26.03.2024 vacated; parties to appear before Trial Court on 17.09.2024; civil dispute; government land interference report; petition disposed.

What did the court decide?

Impugned Trial Court order dated 18.03.2024 set aside; interim order dated 26.03.2024 (as extended from time to time) vacated; parties directed through their learned counsel to appear before the learned Trial Court on 17.09.2024; pending miscellaneous application(s), if any, also disposed of. ¶21

Rup Lal and Others Vs Kanta Sharma and Others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 18.03.2024 passed by the learned Trial Court - directing removal of hurdles over Khasra No.122 to prevent interference with the suit land - should be set aside, given that it discloses no background or reasons for its passing and concerns land conceded by the respondents' counsel not to be part of the suit land.

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Court's answer

The impugned order dated 18.03.2024 passed by the learned Trial Court, which does not give out any background for its passing or the reasons of it having been passed, is set aside.

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Ratio / Principle

The interim order dated 26.03.2024 passed in this petition, as extended from time to time, is vacated.

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Key takeaways

Parties, through their learned counsel, are directed to appear before the learned Trial Court on 17.09.2024.ratio¶20

Detailed headnote1 paragraphs

CMPMO No.157 of 2024 (High Court of Himachal Pradesh, Shimla; Jyotsna Rewal Dua, J.; decided 3 September 2024): The petitioners, who were defendants before the learned Trial Court, challenged the Trial Court's order dated 18.03.2024, whereby - on a report indicating interference in government land leading to interference in the suit land - the SHO of the concerned police station was directed to remove any hurdle created by the respondent over Khasra No.122 so that there would be no interference over the suit land. Upon notice, the respondents' counsel (Tara Singh Chauhan) fairly conceded that Khasra No.122 is not part of the suit land and that the impugned order was not passed upon any application moved by the respondents. Finding that the impugned order gave out neither the background for its passing nor the reasons for it, the High Court set the order aside, vacated the interim order dated 26.03.2024 (as extended from time to time), and directed the parties through counsel to appear before the learned Trial Court on 17.09.2024. The petition, along with pending miscellaneous application(s) if any, was disposed of in these terms.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CMPMO No.157 of 2024

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Decided on: 3^rd September, 2024

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------------------------------------------------------------------------------------- Rup Lal and others …..Petitioners

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Versus

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Kanta Sharma and others

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.....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?

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For the Petitioners: Mr. Naresh K. Sharma, Advocate. For the Respondents: Mr. Tara Singh Chauhan, Advocate.

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-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

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Petitioners were the defendants before the

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learned Trial Court. Their grievance is to the order dated 18.03.2024 passed by the learned Trial Court, gist of which reads as under:-

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“Report ultimately received. However as per report, interference is made in govt. land which is ultimately leading to interference in the suit land. Therefore SHO of concerned police station is directed to remove any hurdle created by the respondent over Khasra No.122 so that there is no interference over the suit land. Civil Ahlmad is directed to do the needful. Let the matter be listed for filing written statement on 03/04/2024.”

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2. Upon being put to notice, Sh. Tara Singh

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Chauhan, learned counsel has put in appearance for the respondents. Learned counsel has fairly submitted that

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Khasra No.122 mentioned in the impugned order dated 18.03.2024 is not part of the suit land. That the impugned order has not been passed upon any application moved by the respondents.

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3. In view of the aforesaid submissions, the impugned order dated 18.03.2024 passed by the learned Trial Court, which does not give out any background for its passing or the reasons of it having been passed, is set aside. Interim order dated 26.03.2024 passed in this petition, as extended from time to time, is vacated. Parties, through their learned counsel, are directed to appear before the learned Trial Court on 17.09.2024 .

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The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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September 03, 2024 Mukesh

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Jyotsna Rewal Dua Judge

Rup Lal and Others v. Kanta Sharma and Others

Case brief

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Rup Lal and Others v. Kanta Sharma and Others

Case brief

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