CWP/2994/2018 on 31 December 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2994 of 2018-J Date of Decision : December 31 , 2018

Kamla & another … Petitioners Versus State of Himachal Pradesh & others …Respondents

Coram:

The Hon’ble Mr. Justice Surya Kant, Chief Justice. The Hon’ble Mr. Justice Ajay Mohan Geol, Judge. Whether approved for reporting?1 For the petitioners :Mr. P.M. Negi, Advocate. For the respondents :Mr. Ashok Sharma, Advocate General with Mr. Adarsh Sharma, Addl. Advocate General.

Surya Kant, Chief Justice. (Oral) The grievance of the petitioners in the instant writ petition is against the grant of status of Tribal to one Ram Singh who happens to be the brother of father of petitioner No. 1. It is alleged that on the basis of that certificate Ram Singh made an attempt to usurp the land of the petitioner though subsequently the entries have been corrected in favour of the petitioner. The main grievance 1Whether reporters of Local Papers may be allowed to see the judgment? High Court of H.P. 2018:HHC:9597-DB ::: Downloaded on - 02/11/2026 14:35:24 :::CIS

thus is that the said Ram Singh is not entitled to claim the status of Tribal as he does not belong to Village Roghey, Tehsil Kalpa, District Kinnaur.

2. In our considered view the issue sought to be raised by the petitioners is essentially a question of fact which can be examined by the authorities including SDO(C), Kullu/Deputy Commissioner, Kullu, who have granted the said certificate.

3. The writ petition is accordingly disposed of with liberty to the petitioners to make a representation to the above said authorities, who in turn are directed to hold a fact finding inquiry and decide the petitioners’ objections/representation in accordance with law and by observing the principles of natural justice within two months from the date of receipt of such representation/objections. Pending application(s), if any, also stand disposed of accordingly.

(Surya Kant), Chief Justice. (Ajay Mohan Goel),

Judge. December 31 , 2018 (PK) 2 High Court of H.P. 2018:HHC:9597-DB ::: Downloaded on - 02/11/2026 14:35:24 :::CIS