Mohan Singh vs State Of Himachal Pradesh & Others
2023 Latest Caselaw 15265 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .
                                                      CWP No. 4924 of 2020





                                                      Decided on: 04.10.2023

    Mohan Singh                                                        ....Petitioner.
                Versus





    State of Himachal Pradesh & others                                .... Respondents.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1
    For the petitioner    :     Mr. Nitin Thakur, Advocate.
    For the Respondents               :      Mr. Rupinder Singh Thakur,
                                             Mr. Pushpinder Jaswal, Additional

                                             Advocate Generals, with Ms. Ranjna

                                             Patial, Sumit Sharma, Deputy
                                             Advocate Generals and Mr. Rajat
                                             Chauhan, Law Officer, for
                                             respondents No.1 to 6.


                                             Mr. Virender Singh, Advocate, for
                                             respondent No.7.

    Ajay Mohan Goel, Judge (Oral)

Having heard learned counsel for the petitioner and

taking into consideration the issue involved in the petition as well

as reliefs sought, this Court is of the considered view that as

seriously disputed questions of fact are involved in the petition and

further the same also involves some private disputes between the

petitioner and respondent No.7 who happen to be real brothers,

the same cannot be decided by this Court under Article 226 of the

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

Constitution of India as the allegations will have to be

substantiated by the petitioner by leading cogent evidence.

.

2. Accordingly, as prayed for, the petition is ordered to be

closed with liberty to the petitioner to approach the Civil Court for

redressal of his grievance. In the event of the petitioner invoking

the jurisdiction of learned Civil Court, then he may file an

appropriate application seeking benefit of the period which he has

for the r purpose to spent while bonafidely pursuing these proceedings before this

Court of computing

miscellaneous applications, if any, stand disposed of.

                                                              limitation.      Pending


                                                           (Ajay Mohan Goel)


                                                                Judge
    October 04, 2023
        (Rishi)