Between:- R vs Deputy Commissioner
2022 Latest Caselaw 8511 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 14th DAY OF OCTOBER, 2022

                                BEFORE




                                                          .

                     HON'BLE MR. JUSTICE A.A. SAYED,

                             CHIEF JUSTICE





                                    &

               HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





                     EXECUTION PETITION No.36 of 2022

         Between:- r
          COURT ON ITS OWN MOTION

                                               .....PETITIONER


         AND



    1.    DEPUTY         COMMISSIONER,
          MANDI,     DISTRICT   MANDI,
          HIMACHAL PRADESH.




    2.    SUB     DIVISIONAL   OFFICER
          (CIVIL) SARKAGHAT, DISTRICT





          MANDI, HIMACHAL PRADESH.

                                                .....RESPONDENTS





          (BY MR. ADARSH K. SHARMA,
          ADDITIONAL      ADVOCATE
          GENERAL )

    _____________________________________________________

                 This petition coming on for orders this day, Hon'ble




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                                         2


    Mr. Justice A.A. Sayed, passed the following:



                              ORDER

.

On 12.01.2018, CWPIL No.286 of 2017 was disposed of by

passing the following order:-

"Letter petitioner, namely, Kewal Krishan Soni, invited attention of this Court to the alleged

encroachments over government land in village Baldwara, R/o VPO & Tehsil Baldwara, District Mandi, H.P., over Khasra Nos.961, 964, 965 and r 966, wherein it stands mentioned that construction

was raised over 'Kuhal'.

2. We are of the considered view that the present petition can be disposed of with direction

to the Deputy Commissioner, Mandi and SDO(Civil) Sarkaghat, District Mandi, who are

impleaded as party respondents No.5 and 6, respectively, to take appropriate action.

3. Learned Advocate General states that the said authorities shall positively visit the spot within

a period of four weeks from today and ensure that all encroachments over public land stand removed, as per law.

4. In view of the above, we see no reason to keep alive the present petition and as such the same is closed. Before parting, we wish to place

on record appreciation qua the efforts put in by Ms. Leena Guleria, learned Amicus Curiae, who, on the instructions of this Court, contacted letter

.

petitioner and obtained necessary feedback.

5. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Mandi and

SDO(Civil), Sarkaghat, District Mandi, H.P. for necessary action as well as to the letter petitioner to enable him to take follow up action with the

concerned authorities.

2. Affidavit dated 3rd August, 2022 has been filed in compliance

of the order dated 1st April, 2022. In respect of Khasra Nos.961,

964, 965 and 966 it is averred in the affidavit as follows:-

(i) Insofar as Khara Nos.961 and 964 are

concerned, the cases are pending for adjudication before

the A.C 1st Grade Baldwara as well as the Divisional

Commissioner, Mandi.

(ii) Insofar as Khasra No.965 is concerned, the

encroacher has been removed.

(iii) Insofar as Khasra No.966 is concerned, no

encroachment was found qua the said khasra number.

2. In view of the above, the execution petition is disposed of with

direction to the Divisional Commissioner, Mandi, as well as A.C. 1 st

Grade, Baldwara to decide the cases pending before it in respect of

Khasra Nos.961 and 964 expeditiously and in any event within eight

weeks from today.

.

                                                 ( A.A. Sayed )





                                                 Chief Justice



                                           ( Jyotsna Rewal Dua )





    October 14, 2022                              Judge
        (vt)