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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 Dua, Judge.

Whether approved for reportint g?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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( 2026:HHC:16003 )

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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( 2026:HHC:16003 )

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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