Sushil Kumar vs State Of Himachal Pradesh & Others
2023 Latest Caselaw 15264 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                           .
                                                      CWP No. 7258 of 2023





                                                      Decided on: 04.10.2023

    Sushil Kumar                                                       ....Petitioner.
                Versus





    State of Himachal Pradesh & others                                .... Respondents.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1
    For the petitioner    :     Mr. Atul Kumar, Advocate, vice
                                Mr. Nipun Sharma, Advocate.
    For the Respondents               :      Mr. Rupinder Singh Thakur,

                                             Mr. Pushpinder Jaswal, Additional

                                             Advocate Generals, with Ms. Ranjna
                                             Patial, Sumit Sharma, Deputy
                                             Advocate Generals and Mr. Rajat
                                             Chauhan, Law Officer, for


                                             respondents No.1 and 2.
                                             Mr. Sanjay Bhardwaj, Advocate, for
                                             respondent No.3.




    Ajay Mohan Goel, Judge (Oral)

Notice confined to respondents No.1 to 3. Ms. Ranjna

Patial, learned Deputy Advocate General, accepts notice on behalf

of respondents No.1 and 2. Mr. Sanjay Bhardwaj, learned counsel,

accepts notice on behalf of respondent No.3. In view of the order

proposed to be passed by the Court, no notice is being issued to

respondent No.4.

Whether reporters of the local papers may be allowed to see the judgment?

2. By way of this petition, the petitioner has, inter alia,

prayed for the following reliefs:­

.

"i) That any appropriate writ/order or direction may kindly be issued and the respondents may kindly be directed to stop the unauthorized construction over the

land comprising khasra No.400/28, khatauni No.165 at V.P.O. Chowari, Tehsil Bhattiyat, Distt. Chamba.

ii) That the lease deed may kindly be quashed and set

aside and the said land may kindly be hand over to the appropriate authority."

3. Mr. Sanjay Bhardwaj, learned counsel appearing for

respondent No.3, informs the Court that notice has been issued to

respondent No.4 under the provisions of the Himachal Pradesh

Municipal Act, 1994 and therefore, as respondent No.3 is already

pursuing the matter in accordance with law, this petition can be

disposed of.

4. Taking into consideration the fact that the proceedings

have been initiated by the Municipal Council against respondent

No.4 under the provisions of the Himachal Pradesh Municipal Act,

this petition is disposed of with the direction that the action so

initiated by the Municipal Council, be taken to its logical

conclusion as expeditiously as possible, of course, in accordance

with law and by adhering to the principles of natural justice. It is

made clear that this Court has not expressed any view with regard

to the allegations that have been made by the petitioner against

.

respondent No.4.

5. At this stage, learned counsel for the petitioner

submits that the petitioner be granted liberty to approach the

Court to seek injunction qua demolition of the shop to be run by

him. He may do so in accordance with law.

6.

The petition stands disposed of. Pending miscellaneous

applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge October 04, 2023

(Rishi)