Gian Chand vs State Of H.P. And Others
2023 Latest Caselaw 15277 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CWP No. 2533 of 2021




                                                                       .
                                                   Decided on : 04.10.2023





      Gian Chand                                                   ....Petitioner.





                   Versus

      State of H.P. and others                                     ...Respondents.
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





      Whether approved for reporting?1
      For the petitioner          :       Mr. Vijay Singh Bhatia,
                                          Advocate.

      For the respondents         :       M/s Rupinder Singh Thakur and

                                          Pushpender Jaswal, Additional
                                          Advocate General with M/s
                                          Ranjna Patial and Sumit
                                          Sharma, Deputy Advocate


                                          Generals and Rajat Chauhan,
                                          Law Officer for respondents No. 1
                                          to 3.




                                  :       Mr. Pankaj Sharma, Advocate for
                                          respondent No. 4.





                                  :       Mr. Tara Singh Chauhan,
                                          Advocate for respondent No. 5.





                                  :       Mr. Romesh Verma, Senior
                                          Advocate with Mr. Hitesh Thakur,
                                          Advocate for respondent No. 7.

      Ajay Mohan Goel, Judge              (Oral)

By way of this petition, the petitioner has inter alia

prayed for the following relief:-

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

"i) That writ of mandamus may kindly be issued,

directing the respondents to remove the unauthorized

.

construction raised by the Respondent No. 7 on the

road/path which leads to the house of the petitioner."

2. A preliminary objection has been taken with

regard to maintainability of the petition by learned Senior

Counsel appearing for respondent No. 7 on the ground that

the petitioner has invoked the writ jurisdiction of this Court

by concealing the material facts, including the factum of the

petitioner having filed a civil suit on the same cause against

various defendants including respondent No. 7 herein.

Learned Senior Counsel has drawn the attention of the

Court to Annexure R-7/A appended with the reply filed to

the petition by respondent No. 7, which is a copy of the

plaint of the civil suit filed by the present petitioner. A

perusal of the same demonstrates that respondent No. 7 is

impleaded as defendant No. 6 in the said civil suit. Perusal

of the averments contained in the writ petition and the

plaint also demonstrate that the issue raised in the civil

suit, which was filed in the year 2018, was the same which

is now being agitated by the petitioner by way of these

proceedings.

3. At this stage, learned Counsel for the petitioner

submits that he may be permitted to withdraw this petition

with liberty to approach the learned Trial Court seeking

expedited trial.

.

4. The petition is accordingly permitted to be

withdrawn, with liberty as prayed for. Pending

miscellaneous application(s), if any, also stand disposed of

accordingly.

                                              (Ajay Mohan Goel)





    October 04, 2023                                Judge
         (narender)