Himachal Pradesh High Court
Smt. Begi Devi vs The State Of Himachal Pradesh And Others on 23 April, 2019
Bench: Surya Kant, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 529 of 2019
Decided on: 23.4.2019
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Smt. Begi Devi ....Petitioner
Versus
The State of Himachal Pradesh and others ...Respondents
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Coram
Hon'ble Mr. Justice Surya Kant, Chief Justice
Hon'ble Mr. Justice Sandeep Sharma, Judge
Whether approved for reporting1?
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For the petitioner Mr. B.L. Soni and Mr. Aman Parth
Sharma, Advocates.
For the respondents: Mr. Ashok Sharma, Advocate General
with M/s J.K. Verma, Adarsh Sharma
and Nand Lal Thakur, Additional
Advocates General, for respondents
No.1 to 4.
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Surya Kant, Chief Justice (Oral)
Notice of motion to respondents No.1 to 4 only at this stage. Mr. J.K. Verma, learned Additional Advocate General accepts notice on behalf of the said respondents. Since no order prejudicial to the interest of respondents No.5 to 9 is proposed to be passed, we do not deem it necessary to call upon them and bear the burden of this litigation.
2. From the averments made in the writ petition, it appears that the petitioner as well as private respondents are co-sharers in the land as per details given in Para-2 of the writ Whether reporters of the Local papers are allowed to see the judgment? .
::: Downloaded on - 24/04/2019 21:59:12 :::HCHP -2-petition, situate in Mauza Mahori, Pargana Rajhana, Patwar Circle Mahori, Tehsil Theog, District Shimla, Himachal Pradesh. The petitioner is said to have filed partition .
proceedings for separation of her share in the joint land in the Court of Assistant Collector, 1st Grade, Theog, in the year 2014 and said case is registered as case No. 9/2014. In these proceedings, the Assistant Collector, 1st Grade, Theog passed an order dated 30.9.2015 directing the Halqua Kanungo, Matiana, to prepare papers in tune with the mode of partition and send a report. The petitioner alleges that thereafter, since the year 2016, no effective proceedings have taken place and the case is still pending. The relief sought in the instant writ petition is to direct the Assistant Collector, 1st Grade, Theog, to decide the pending proceedings in a time bound manner.
3. Having heard learned counsel for the petitioner as well as learned Additional Advocate General, we are of the view that the pendency of the case for an indefinite period will not help the petitioner or the private respondents. It will be in the interest of the parties that the dispute, if any, relating to the partition amongst them, is resolved within a reasonable time.
4. Consequently, without expressing any views on merit, the instant writ petition is disposed of with a direction to the Assistant Collector, 1st Grade, Theog, to decide the partition case No. 9/2014, as early as possible, but no later than six months from the date of receipt of a copy of this order.
::: Downloaded on - 24/04/2019 21:59:12 :::HCHP -3-5. With the aforesaid directions/observations, the present writ petition stands disposed of, alongwith pending miscellaneous application(s), if any.
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Copy Dasti.
(Surya Kant) Chief Justice (Sandeep Sharma) Judge April 23, 2019 (Vikrant/yashwant) ::: Downloaded on - 24/04/2019 21:59:12 :::HCHP