Himachal Pradesh High Court
CMPMO/634/2025 of RAHUL RANPATIA Vs ASHWANI KUMAR on 7 October 2026
COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 634 of 2025 Decided on : 07.10.2026 Rahul Ranpatia …Petitioner Versus Ashwani Kumar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Amar Deep Singh,
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2026:HHC:43794 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. :
Decided on : 07.10.2026 Rahul Ranpatia …Petitioner Versus Ashwani Kumar …Respondent
Coram
The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Amar Deep Singh, Advocate. For the respondent : Mr. R.K. Gautam, Senior Advocate with Mr. Dixit Sahotra, Advocate. Virender Singh, Judge (Oral) After hearing learned counsel for the parties and after perusing the report submitted by the Local Commissioner, this Court is of the view that even, the principle of natural justice has not been adhered to by the Local Commissioner, before submitting the report. Without commenting upon the merits and demerits of the report submitted by the Local Commissioner, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2026:HHC:43794 the same is required to be set aside, on the technical ground that the notice of the spot inspection has not been given to the parties to the lis. Consequently, the report submitted by the Local Commissioner is set aside and the Local Commissioner, as appointed by the learned trial Court, is directed to visit the spot on 28.10.2026, at 10.00 a.m., in the presence of both the parties. Both the parties are directed to remain present, on the spot, at the time of spot inspection. It is further clarified that in case, the spot inspection is not possible on 28.10.2026, in that eventuality, the Local Commissioner, is directed to fix a date and for the date so fixed, the parties be informed accordingly. With these observations, the present petition is allowed and the impugned order is set aside. Pending applications, if any, shall also stand disposed of.
( Virender Singh ) October 07, 2026( ps ) Judge