Shri Vinay Kumar vs Shri Kishori Lal

Mr. Mansoor Ahmad Mir, C.J.(Oral) - This Letters Patent Appeal is directed against the judgment and order dated 29.07.2015, passed by the learned Single Judge in CWP No. 1431 of 2015, titled as Kishori Lal v. State of Himachal Pradesh & others, whereby the writ petition was allowed, with the command that the installation of the transformer would not in any manner confer ownership of the land upon the writ petitioner-respondent No. 1 and the same would be subject to the outcome of the civil suit/litigation, for short ''the impugned judgment''.

It is apt to record herein that the appellant was not a party before the Writ Court.

Learned Counsel for the parties stated at the Bar that a civil litigation is pending before the learned Additional District Judge (I), Kangra at Dharamshala and during the pendency of this LPA, transformer has already been installed.

Heard.

This Court cannot determine the title and rights of the parties, are to be determined by the Civil Court in the Civil Suit.

The Writ Court has rightly made observation in paras 11 & 16 of the impugned judgment. It is apt to reproduce the relevant portion of para 11 and para-16 of the impugned judgment herein:-

"11...................................................................

However, it may be clarified that the aforesaid observation would be subject to and abide by the final outcome of the pending civil litigation.

Before parting, it may again be clarified that the installation of the transformer does not in any manner confer ownership of the land or the premises upon the petitioner and the same shall be subject to the outcome of the civil suit which is pending inter se between the petitioner and respondent No. 10."

Having said so, this appeal merits to be dismissed. Accordingly, it is dismissed and the impugned judgment is upheld.