Rajesh Kumar Sharma vs State Of H.P. And Others
2021 Latest Caselaw 3606 HP

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             HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                C.W.P. No. 4335 of 2021

                                                Date of decision: 05.08.2021




                                                                                 .

    Rajesh Kumar Sharma                                                  ...Petitioner
                                      Versus





    State of H.P. and others                      ...Respondents
    ____________________________________________________
    Coram:
    The Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice





    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

    Whether approved for reporting1 :

    For the Petitioner(s):            Petitioner in person

    For the Respondents:              Mr. Ashok Sharma, Advocate General,
                                      with Mr. Ranjan Sharma, Mr. Vikas
                                      Rathore Ms.Ritta Goswami, Additional


                                      Advocates General and Ms. Seema
                                      Sharma, Deputy Advocate General, for
                                      the State.




                                      Mr. H.S. Rangra, Advocate, for
                                      respondent No. 3.





                         Through Video Conference
    ____________________________________________________
    Jyotsna Rewal Dua,J.

This writ petition has been filed with the following

prayers :-

"A. That the respondents may kindly be directed to have demolish the illegal and unauthorized construction raised

Whether Reporters of local newspaper are permitted to see the judgment ?

by the respondents No. 5 to 7 on the property in question i.e. bearing in khewat/khatauni No. 206/218, Khasra No. 788/568 and 794/572, kitas 2, measuring 01-13-02 bighas situated in ward-VII, Panjethi, Talyahar, Sadar, Mandi, H.P.

.

which was already stayed on 12.05.2015 vide order passed by Hon'ble Court in RSA No. 427 of 2015 which is still pending before this Hon'ble Court.

B. That the respondents may kindly be directed to lodge an FIR under the provisions of Municipal Law of H.P. against respondents No. 5 to 7 for raising illegal and

unauthorized construction on the said property in question. C. The respondents may kindly be directed to take appropriate legal action against the SHO, P.S. Sadar,

Mandi for not initiating any legal action against respondents

No. 5 to 7 for raising illegal construction at the property in question after status quo order passed by the Hon'ble High Court of H.P. dated 12.07.2015."

2. We have heard learned counsel for the petitioner and

gone through the case file.

The grievances and contentions raised by the

petitioner are focused on the alleged violation of an interim order

passed on 12.05.2015 in Regular Second Appeal No. 427 of

2014. The Regular Second Appeal preferred under Section 100

of the Code of Civil Procedure is still pending for adjudication

before the learned Single Judge of this Court. It is for the

petitioner to avail appropriate remedy in accordance with law for

the alleged violation of the interim order passed in the second

appeal. The writ petition, which practically seeks enforcement of

the interim order passed in the Regular Second Appeal and

action against the respondents on account of alleged violation of

.

the directions issued in the interim order, is not maintainable. The

writ petition is, therefore, dismissed alongwith pending

applications, if any, reserving liberty to the petitioner to avail

appropriate remedy in accordance with law.

                         r          to          ( Ravi Malimath )
                                               Acting Chief Justice

    5th August, 2021 (K)                       ( Jyotsna Rewal Dua )
                                                      Judge