Decided On: 15.07.2025 vs The State Of H.P. & Others
2025 Latest Caselaw 1930 HP

Himachal Pradesh High Court

Decided On: 15.07.2025 vs The State Of H.P. & Others on 15 July, 2025

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                           2025:HHC:22778

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                    CWP No.11225 of 2025
                                    Decided on: 15.07.2025
    Amishi Rana                                               ... Petitioner
                       Versus




                                                                          .
    The State of H.P. & others                ... Respondents





    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1
    ____________________________________________________                                         _





    For the petitioner       :    Mr. Vishwa Bhushan, Advocate.
    For the respondents             :
                               Mr. Pushpinder Jaswal, Additional
                               Advocate General.
    Ajay Mohan Goel, Judge (Oral)

Notice. Mr. Pushpinder Jaswal, learned Additional

Advocate General, accepts notice on behalf of the respondents.

2. By way of this writ petition, the petitioner has, inter alia,

prayed for the following reliefs:-

"I. That writ in the nature of mandamus may kindly be

issued and the respondent department may be directed to acquire the land of the petitioner within time bound period as per the provision of law since the respondents

have used the valuable land of the petitioner for the

construction of "Gatta to Lower Bhoran via Uppar Bhoran Road.

II. That the respondents be directed to acquire the land and also award the compensation to the present petitioner in accordance with law, in alternate the respondent be directed to restore the land in its original position and pay the damages caused to the land. III. That the use and occupation charges from November 2024 to till date be granted with interest @ 18 percent per annum to till date."

3. A perusal of the documents appended with the petition

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

2025:HHC:22778

demonstrates that the petitioner has already filed a suit for

injunction against the respondents for the same land. Though,

learned counsel for the petitioner submitted that the petitioner shall

.

be advised to withdraw the said suit, but this Court is of the

considered view that as the said suit is already pending and the

relief being prayed for in this suit arising from the same cause can

easily be sought by carrying out necessary amendments in the Civil

Suit.

4.

The petition is dismissed, but with liberty to the

petitioner to carry out necessary amendments in the Civil Suit.

Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel)

Judge July 15, 2025 (Rishi)