IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
MADAN LAL – Appellant
Versus
THE STATE OF HP AND OTHERS – Respondent
CWP/2424/2026
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IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 2424/2026
Decided on: 03.03..2026
Madan Lal …Petitioner
Versus
State of H.P. & Ors. .…Respondents.
……………………………………………………………………………….
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners: Mr. Ganesh Barowalia, Advocate.
For the respondents: Mr. L.N. Sharma, Additional
Advocate General.
Jyotsna Rewal Dua, J.
This writ petition has been filed for the grant of
following substantive reliefs: -
“A. Issue a writ Certiorari Directing the Respondents to produce
the original field book (1958-59), all musabi records used for
H bandobast, and any documents relied upon in the settlement
process 1977-78 leading to Musabi circulated after 2022 wherein
5-Karam length is being indicated for northern side of Khasra No.
340 and southern boundary, the measurement shows 18 karm
instead of 20; in the central area (where Khasra Nos. 101 and
102 adjoin), 16 karm instead of 18; and on the northern side,
where ground verification shows 7 karm, the map inaccurately
shows 5 karm. As a result, the area of Khasra No. 340 is wrongly
reduced to 2 kanal 14 marla, even though it is officially recorded
as 3 kanal 2 marla, for the kind perusal of the Hon'ble Court.
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ii. Issue a writ of Certiorari quashing the wrong musabi bei.ng
circulated after 2022 with description5-Karam length is Pbeing
indicated for northern side of Khasra No. 340 and southern
boundary, the measurement shows 18 karm instead of 20; in the
central area (where Khasra Nos. 101 and 102 adjoin), 16 karm
instead of 18; and on the northern side, where ground verification
shows 7 karm, the map inaccurately shows 5 karm and thereby,
uphold the correct musabi, whereby the area of Khasra No. 101,
102 (now Khasra No. 340) owned by the petitioner comprising of
3 Kanal 2 Marla, is identifiable at the spot.
Or in the alternative
The Settlement proceedings 1977-78 be quashed and
set-aside qua land in question, and settlement proceedings be
conducted afresh for Khasra No. 99, 100, 101, 102 & 103 as per
old Land records, pertaining to area in question.
ICII. Direct the respondents to Constitute an independent statutory
or judicial commission of inquiry to investigate the manipulation of
revenue records, collusion between private parties and revenue
h officials, and the failure to implement lawful correction orders.
IV. Issue appropriate writ to restrain the Respondents from
initiating or continuing any further proceedings under Section 163
of the HP Land Revenue Act, Section 133 CrPC (now Section
152 BNSS), or The Public Premises Act in relation to Khasra No.
340 and abutting Khasra No., so as to prevent multiplicity of the
litigation and undue harassment of the petitioner, and for
achieving finality.”
2. After arguing the matter for some time, learned counsel
for the petitioner sought permission to withdraw the present petition
as the petitioner intends to avail appropriate remedy, as may be
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available to him in-law, for the redressal of his grievance raised in
this petition.
3. Granting permission as sought for, the present petition
is disposed of as withdrawn. Pending miscellaneous applications, if
any, shall also stand disposed of.
Jyotsna Rewal Dua
t Judge
03rd March, 2026
(rohit) r
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