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( 2026:HHC:13559 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 6504 of 2025

Decided on: 27.04.2026

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Tilak Raj …..Petitioner

Versus

State of H.P and others ....Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?

For the Petitioner: Mr. B.M.Chauhan, Senior Advocate with

Ms. Kamakshi, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with

Ms. Menka Raj Chauhan, Deputy

Advocate General for respondents No. 1

to 4.

Mr. R.K. Bawa, Senior Advocate with Mr.

Ajay Kumar Sharma, Advocate, for

respondent No.5.

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Jyotsna Rewal Dua, Judge

Heard learned counsel for the parties and

considered the case file.

2. Respondent No.5 moved an application on

12.07.2018 (Annexure P-1) before the Assistant Collector

1^st Grade (Rural), Shimla, H.P for carrying out demarcation

of land comprised in Khewat No. 506, Khatauni No. 902,

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

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( 2026:HHC:13559 )

Khasra No. 3058/772, measuring 82.60 Sq. meters situated

at Revenue Village Vikasnagar, Shimla, H.P.

2(i). The demarcation was carried out by the

Competent Authority on 26.03.2021. During demarcation,

petitioner, respondent No.5 and one Sh. Ramesh son of Sh.

Nikju Ram made a joint statement as undefr (translation as

supplied by learned counsel for respondent No.5):-

“1). Statement of Shri Ramesh Pal, son of Anup

Ram, resident of Vikas Nagar, Tehsil Shimla ( Rural),

aged-61 years.

2.) Statement of Shri Tilak Raj, son of Dhani Ram,

resident of Vikasnagar, Tehsil Shimla (Rural), aged-66

years

3.) Statement of Shri Ramesh son of Nikju Ram

resident of Vikasnagar, Tehsil Shimla (Rural), aged-69

years.

On oath

h 26/3/2021

It is jointly stated that today on 26/03/2021,

g the Patwari Halka and Girdawar kanungo and

Assistant Collector II Grade Shimla (Rural) had jointly

i demarcated and measured land/ Arazi by fitakashi

H comprised in Kha. No.3058/772, measuring 82.60

Sq.mts situated in Chak Vikas Nagar in Case

No.62/2019 in the presence of all the plaintiffs and

defendants and fixed mauka jaat and marked the

land in dispute between the parties and accept the

same. We all accept and are totally satisfied with the

demarcation. We accept the demarcation which is

carried out. We have given the statements

consciously and the statements have been given

without any pressure from any side. Now there is no

dispute between the parties. We are totally satisfied

and in agreement with the contents of the

statements and have signed the same after reading

and understanding the same.”

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( 2026:HHC:13559 )

In terms of their joint statement, all the three

individuals including the petitioner and respondent No.5

expressed their agreement with the demarcation conducted

on the spot. The demarcation was confirmed on 26.03.2021

by the Assistant Collector,II^nd Grade.

2(ii). The petitioner laid challenge to the aforesaid

demarcation by preferring an appeal under Section 14 of

the H.P. Land Revenue Act, 1954 (hereinafter referred to as

the Act). The appeal was dismissed by the Collector, Shimla

on 02.05.2024.

Feeling aggrieved, petitioner next filed Revision

Petition under Section 17 of the Act. The Revision Petition

was also dismissed by the Financial Commissioner

(Appeals), H.P. on 24.02.2025. It is in the above background

that petitioner has instituted this writ petition seeking

Hfollowing substantive reliefs:-

(i) That the writ in the nature of certiorari may kindly

be issued for quashing orders dated 24.02.2025,

02.05.2024 and 25.03.2021 passed by respondents

No. 2 to 4, respectively.

(ii) That a writ in the nature of mandamus may kindly

be issued directing respondent No.4 to conduct the

demarcation of Khasra No. 3058/772 afresh as per

the applic