Paramjeet Singh and Others Vs Khursheeda and Others — Himachal Pradesh HC (2025) — LawSathi Research

Paramjeet Singh and Others Vs Khursheeda and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudication on merits; orders dated 11.06.2010 (Assistant Collector, 2nd Grade, Paonta Sahib), 30.09.2011 (Collector, Sub-Division, Paonta Sahib, District Sirmaur), 21.08.2017 (Divisional Commissioner, Shimla) and 18.04.2022 (Financial Commissioner (Appeals), Himachal Pradesh) set aside; matter remanded to the Assistant Collector, 2nd Grade/1st Grade, Paonta Sahib to decide afresh considering the death of Mst. Nisara; pending miscellaneous applications disposed of accordingly.

Issue for consideration

Whether the orders passed by the revenue authorities below (Assistant Collector, 2nd Grade, Paonta Sahib; Collector, Sub-Division, Paonta Sahib; Divisional Commissioner, Shimla; Financial Commissioner (Appeals), Himachal Pradesh) are sustainable despite having been passed without considering the factum of death of respondent No. 3, Mst. Nisara (died 06.05.2009), and whether her legal representatives should be brought on record and the matter decided afresh.

Court's answer

This Court finds that respondent No. 3, Mst. Nisara, was dead while the matter was pending before the Assistant Collector, 2nd Grade, Paonta Sahib, and consequently all the authorities below passed their orders by ignoring the factum of her death.

Ratio / Principle

Applying the principle in Gurnam Singh v. Gurbachan Kaur ((2017) 13 SCC 415) that any judgment/order passed in favour or against a dead person is a nullity, this Court disposed of the writ petition without any adjudication on merits, setting aside the orders dated 11.06.2010 (Assistant Collector, 2nd Grade, Paonta Sahib), 30.09.2011 (Collector, Sub-Division, Paonta Sahib, District Sirmaur), 21.08.2017 (Divisional Commissioner, Shimla) and 18.04.2022 (Financial Commissioner (Appeals), Himachal Pradesh).

Key takeaways

The matter is remanded to the Court of the learned Assistant Collector, 2nd Grade/1st Grade, Paonta Sahib with a direction to decide the case afresh taking into consideration the factum of the death of Mst. Nisara; pending miscellaneous applications also stand disposed of accordingly.ratio¶18

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Ajay Mohan Goel, J., 18.08.2025) disposed of CWP No. 4951 of 2022 without merits adjudication, holding that all authorities below — Assistant Collector, 2nd Grade, Paonta Sahib (order dated 11.06.2010), Collector, Sub-Division, Paonta Sahib (order dated 30.09.2011), Divisional Commissioner, Shimla (order dated 21.08.2017) and Financial Commissioner (Appeals), Himachal Pradesh (order dated 18.04.2022) — passed their orders ignoring the factum of death of respondent No. 3, Mst. Nisara (stated to have died on 06.05.2009). Relying on Gurnam Singh (dead) through LRs. v. Gurbachan Kaur (dead) by LRs., (2017) 13 SCC 415, where the Supreme Court held that any judgment/order passed in favour or against a dead person is a nullity, the Court set aside all four orders and remanded the matter to the learned Assistant Collector, 2nd Grade/1st Grade, Paonta Sahib for fresh decision in light of the death. CMPs filed under Order XXII Rule 4 CPC read with Section 5 of the Limitation Act to bring the legal representatives on record stood disposed of accordingly.

( 2025:HHC:27808 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 4951 of 2022

Decided on: 18.08.2025

Paramjeet Singh and others .…Petitioners. Versus Khursheeda and others …Respondents.

Coram

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

For the petitioners:	Mr. Parveen Kumar Chandel, Advocate.
For the respondents:	Mr. Karan Singh Kanwar, Advocate, respondents No. 1, 2, 4 to 10 & 12 to 16.	for
	Respondent No. 3 is stated to have died 06.05.2009.	on
	Name of respondent No. 11 stands deleted.

Ajay Mohan Goel, Judge (Oral):

CWP No. 4951 of 2022 a/w CMP Nos. 1454 & 1455 of 2025

CMP Nos. 1454 & 1455 of 2025 have been filed under Order XXII, Rule 4 of the Code of Civil Procedure read with Section 5 of the Limitation Act to bring on record the legal representatives of deceased Mst. Nisara, who was impleaded as respondent No. 3 in the present proceedings. 2. This writ petition was instituted in the year 2022, whereas, Mst.

Nisara-respondent No. 3 is stated to have died on 06.05.2009. This

1 Whether reporters of the local papers may be allowed to see the judgment?

2

( 2025:HHC:27808 )

demonstrates that said respondent was dead while the matter was pending before the Assistant Collector, 2^nd Grade, Paonta Sahib. Order dated 11.06.2010, passed by the Assistant Collector, 2^nd Grade, Paonta Sahib was initially assailed before the Collector, Sub-Division, Paonta Sahib. Thus, all the Authorities below passed the orders by ignoring the factum of death of Mst. Nisara-respondent No. 3.

3. Hon’ble Supreme Court in Gurnam Singh (dead) through LRs. & others Vs. Gurbachan Kaur (dead) by LRs. (2017) 13 SCC 415 has been pleased to hold that any judgment/order passed in favour or against a dead person is a nullity. 4. In the light of above, this writ petition is disposed of without any adjudication on merit, by setting aside order dated 11.06.2010, passed by the Assistant Collector, 2^nd Grade, Paonta Sahib, order dated 30.09.2011, passed by the Collector, Sub-Division, Paonta Sahib, District Sirmaur, order dated 21.08.2017, passed by the Divisional Commissioner, Shimla and order dated 18.04.2022, passed by the Financial Commissioner (Appeals), Himachal Pradesh. The matter is remanded back to the Court of learned Assistant Collector, 2^nd Grade/1^st Grade, Paonta Sahib, with the direction to decide the case afresh by taking into consideration the factum of death of Mst. Nisara. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel)

Judge

August 18, 2025 (bhupender)