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5667

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 3437 of 2024

Reserved on : 02.12.2025

Decided on: 29.12.2025

Pawan Kumar … Petitioner

Versus

The State of Himachal Pradesh and others … Respondents

Coram

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

Whether approved for reporting?

_____________________________________________________

For the petitioner o : M/s Sumesh Raj and Vinod Kumar

Thakur, Advocate.

For the respondents : Mr. Pushpender Jaswal, Additional

Advocate General for respondents-

State.

: Mr. Vishal Singh Thakur, Advocate for

respondents No. 6 and 7.

Ajay Mohan Goel, Judge

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

prayed for the following reliefs:-

“a. The writ in nature of certiorari may kindly be passed

quashing the order dated 15.01.2024 passed by the L.d.

Financial Commissioner (Appeals) Annexure P-13 whereby he

upheld the order of the Collector Sub Division Nadaun District

Hamirpur H.P. dated 16.11.2023 Annexure P-9 in Revenue

Appeal Case No. 50 of 2023 Pawan Kumar Versus Ashish Singh

Chaudhary and anr., upholding the order passed by the

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

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Assistant Collector 2nd Grade (N.T.)Nadaun dated 20.10.2023

(Annexure P-7) in Partition Case No. 41/201H8 titled as Ashish

Singh Chaudhary vs 2074shwar Dass (rejecting the

applications raising the question off title as also transfer of mater

to AC Ist Grade have been dismissed.

b. Writ in the nature of m andamus be also passed directing the

AC IInd Grade Nadaun, District Kangra to transfer the

application filedu by the petitioner raising the question of title to

AC Ist Grade Nadaun with further directing the said authority to

decide the said application in accordance with the law.”

2. In terms of the order passed by the learned Financial

Commissioner (Appeal), dated 15.01.2024, the revision petition

preferred by the petitioner under Section 17 of the H.P. Land Revenue

Act, 1954, against the order passed by the Sub Divisional Collector,

Nadaun, stands rejected.

3. Brief facts necessary for the adjudication of this petition

are that according to the petitioner, in the year 2002, General

Zorawar Singh Smarak Samiti, Dhaneta, started a public school in

the building of the petitioner on rent in the name and style of ASSD

Public School, Gawal Pather. In the year 2013, the same was

upgraded to 10+2. As per the petitioner, in light of the school being

upgraded, one Ashish Singh Choudhary, approached the petitioner

with an offer to construct the building required for upgradation of the

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school and a gift deed was executed by his father late Shri Ishwar

Dass on 26.08.2014 through his GPA i.e. present petitioner in favour

of respondent No. 6 qua land measuring 230 square metres. A two

storeyed building was constructed thereupon in the year 2016. As per

the petitioner, in the year 2018, the school authorities informed the

father of the petitioner thatt Ashish Singh Choudhray has

fraudulently grabbed the school from the school authorities by

misrepresentation and by misleading the Education Department. In

the month of April, 2019, the school was closed for one year by the

government authorities. Thereafter, in the year 2020, the school

authoriti es provided late father of the petitioner a copy of inquiry

report which was conducted by the Education Department, in terms

whereof, according to the petitioner, he gained knowledge that

respondent Ashish Singh Choudhary tried to grab the income of his

late father which was in violation of the purpose for which the gift

deed was executed. The petitioner accordingly filed a civil suit,

assailing the gift deed in terms of Annexure P-2. Further according to

the petitioner, in the month of June 2018, (i.e. before the filing of the

civil suit), private respondent moved an application for partition of

the land under Section 123 of the Land Revenue Act and the

pe