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( 2026:HHC:16003 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

CWP No. 7349/2026 Decided on: 12.05.2026

Hoshiar Chand & Ors. …Petitioners Versus State of H.P. & Ors. .…Respondents.

……………………………………………………………………………….

Coram Ms. Justice Jyotsna Rewal Du a, Judge. Whether approved for repo rting?¹

For the petitioner: Mr. Lovneeesh Kanwar, Sr.

Advocate with Mr. Tek Chand, Advocate.

For the respondents: Ms. Seema Sharma, Deputy C Advocate General.

Jyotsna Rewal Dua, J.

Notice. Ms. Seema Sharma, learned Deputy Advocate

General, accepts notice on behalf of the respondents.

Keeping in view the grievance of the petitioners,

trajectory of the case, documents appended with the writ petition and the order being passed hereinafter, there is no necessity to call for the reply from the respondents. The matter has been heard

accordingly at this stage.

2. Petitioners are recorded as owners in possession over Khasra Nos.53,57, 69, 78, 295, 314, 316, 317, 318, 319, 1123, 1138,

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

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1316, 1456/1317 measuring 24-10-04 bighas in Village Bushar,

Patwar Circle Matlehar District Mandi.

Khasra Nos. 54, 55, 56, 58, 59/1, 60, 61, 63, 64, 65, 66, 72, 88 and 433, measuring 13-15-04 bighas, situated in Village Bushar, Patwar Circle Matlehar, District Mandi, are recorded in the ownership of the State of Himachal Pradesh and in possession of the Education Department. Initially, a Primary School was being run over this land under the aegis of the State Education Department, which was subsequently upgraded to a Middle, High and Senior Secondary

School, Mundroo.

3. It appears that certain parcels of the aforesaid land owned by the petitioners adjoin the land owned by the State of Himachal Pradesh in possession of the Education Department. From the documents on record, it emerges as an admitted case that the petitioners had raised certain construction years ago over some

portion of the aforesaid Khasra numbers, which, were in their possession under the projected bonafide belief of being the legitimate owners thereof. During demarcation carried out years later, the land, however, was found to be in the ownership of the respondents-State. Similarly, the State Education Department raised construction from time to time over certain land parcels believing itself to be the owner thereof w.e.f. the year 2005 onwards, but in the demarcation

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conducted years later, the land was found in the ownership of the

petitioners.

There are several documents on record reflecting that the State Education Department, as well as the petitioners, had consented to exchange the ownership of the land in their respective possession but belonging to the other side, in view of the construction having already been raised thereupon by them. It also appears that the Director Higher Education had deliberated on the proposal for mutual transfer of the aforesaid parcels of land. In terms of the annexures placed on record, the State Education Department had written to its higher authorities seeking permission for exchange of the land with the petitioners, assigning reasons and justification for such transfer in larger public interest. The aforesaid communications forwarded to the higher authorities, are still stated to be pending

consideration without any concrete result.

An office communication originated on 24.10.2025 (Annexure P-41), from the office of respondent No.1 directing respondent No.2-Deputy Commissioner, Mandi, to take necessary action in terms of office letter dated 21.03.2023 on the subject of mutual transfer of land. As per office letter dated 21.03.2023, the Administrative Department was advised to request the concerned Collector, i.e. the Deputy Commissioner, Mandi, to initiate eviction proceedings in the matter against the petitioner and for vesting the

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