Narain Dass Died through LRs Joginder Singh and Ors. Vs State — Himachal Pradesh HC (2025) — LawSathi Research

Narain Dass Died through LRs Joginder Singh and Ors. Vs State — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in light of CWP No.2088 of 2016 of even date: impugned orders (Annexures P1, P.4 and P5) quashed and set aside; direction that no action shall be taken against the petitioners for their ejectment from the orders in issue; all future action to abide by the outcome of fresh proceedings to be initiated by the Assistant Collector, 1st Grade concerned; pending miscellaneous applications, if any, also disposed of.

Issue for consideration

Whether the impugned acts/orders of the respondents (Annexures P1, P.4 and P5) whereby the land in question was ordered to be vested in the State of Himachal Pradesh are contrary to law and liable to be quashed. +2 more

Court's answer

The orders impugned in the writ petition are quashed and set aside.

Ratio / Principle

No action shall be taken against the petitioners for their ejectment from the orders in issue.

Key takeaways

Everything will now abide by the outcome of the proceedings which are to be initiated afresh by the Assistant Collector, 1st Grade concerned; pending miscellaneous applications, if any, also stand disposed of.ratio¶22

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Ajay Mohan Goel, J., oral) — CWP No.6978 of 2010, Joginder Singh & others v. State of H.P. & others, decided 07.04.2025. Petitioners challenged orders (Annexures P1, P.4 and P5) whereby land in their possession as bartandaran was ordered to be vested in the State, and sought continuation of possession, correction of revenue entries and declaration as owner-in-possession. In the light of its judgment of even date in CWP No.2088 of 2016, the Court disposed of the petition, quashed and set aside the impugned orders, directed that no action shall be taken against the petitioners for ejectment from the orders in issue, and observed that everything will abide by the outcome of proceedings to be initiated afresh by the Assistant Collector, 1st Grade concerned. Pending miscellaneous applications stood disposed of.

2025:HHC:9581

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.6978 of 2010

Decided on: 07.04.2025

Joginder Singh & others … Petitioners

Versus

State of H.P. & others

… Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?¹

____________________________________________________ _ For the petitioners : Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Rahul Thakur, Deputy Advocate General.

Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioners have , inter alia , prayed for the following reliefs:-

“ (a) the impugned acts of the respondents whereby land in question has been ordered to be vested in the State of Himachal Pradesh may kindly be quashed and set aside after summoning the alleged vestment orders if any passed by them as petitioner has failed to lay his hands on the same despite his best efforts, as the same is contrary to the provisions of the Act and Rules and Scheme thereunder.

(b) impugned orders, Annexure P1, P.4 and P5 as passed by respondents may kindly be quashed and set aside

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

2

2025:HHC:9581

being Contrary to all norms of justice and in sequel thereto directions may kindly be issued to the respondents to allow the petitioner to continue in possession as bartandaran in accordance with law;

(e) Directions may kindly be given to correct wrong revenue entries qua vestment and allotment as made;

(d) Petitioner may kindly be ordered to be declared as owner-in-possession being bartandaran of the land in dispute in the interest of law and justice .”

In the light of judgment passed by this Court in CWP No.2088 of 2016 of even date, this petition is disposed of with the direction that no action shall be taken against the petitioners for their ejectment from the orders in issue and the orders impugned herein are quashed and set aside with further observation that now everything will abide by the outcome of the proceedings which are to be initiated afresh by the Assistant Collector, 1^st Grade concerned. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge

April 07, 2025 (Rishi)