Himachal Pradesh High Court
Vikram Singh Rathour & Ors vs State Of H.P. & Ors on 1 October, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8570 of 2024
Date of decision: 01.10.2024
Vikram Singh Rathour & Ors. ...Petitioners.
Versus
State of H.P. & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioners : Mr. Sanjeev Bhushan, Senior
Advocate, with Mr. Sohail Khan,
Advocate.
For the respondents : Mr. Sikander Bhushan, Deputy
Advocate General, for
respondents-State.
Jyotsna Rewal Dua, Judge
Petitioners are residents of Village Dabrog, Tehsil
Sarkaghat, District Mandi. Their grievances are that
respondent No.7 and 8 have encroached upon the
Government land comprised in Khasra Nos.1317, 1318,
1321 and 1144 situated at Mohal Dabrog/280, Illaqa
Suranga, Tehsil Sarkaghat, District Mandi (H.P.); That the
respondents No.7 & 8 have forcefully encroached upon
public path over Khasra No.1317 and thereby blocked the
proposed access of ambulance/three wheelers level
Whether reporters of Local Papers may be allowed to see the judgment? Yes
road/path leading to the residential houses of petitioners
and other inhabitants of the area.
2. Petitioners have filed this writ petition seeking
direction to authorities, in particular to the Financial
Commissioner (Appeals), Himachal Pradesh and the
Assistant Collector, Grade-I, Sarkaghat, District Mandi, to
decide the encroachment cases pending before them against
respondents No.7 and 8, respectively, in a time-bound
manner.
3. Considering the nature of relief prayed for, notice
of this petition was confined to respondents No.1 to 5. Upon
notice being issued to the respondents, respondents No.3, 4
& 5 have filed reply to the writ petition.
3(i). In the reply it has been admitted that
encroachment case against respondent No.8 in respect of
Khasra No.1317/2 measuring 0-00-13 hectares was pending
before Assistant Collector, Grade-I, Sarkaghat, District
Mandi. In terms of the instructions placed on record on
30.09.2024 accompanied by the order dated 25.09.2024
passed by Assistant Collector, Grade-I, Sarkaghat, District
Mandi, the said encroachment case stands decided. The
decision was rendered, inter alia keeping in view the
undertaking given by respondent No.8 that he would himself
remove the encroachment made by him from the above
described land. The case is now stated to be at execution
stage.
3(ii). Reply filed by respondents also admits pendency
of the encroachment proceedings against respondent No.7 in
form of an appeal before respondent No.2-the Financial
Commissioner (Appeals), Himachal Pradesh. The said
proceedings are in respect of the encroachment allegedly
made by respondent No.7 over Government land comprised
in Khasra No.1317/1 measuring 0-00-05 hectares described
above.
4. Taking into consideration the case set-up by the
petitioners that encroachments allegedly made by
respondents No.7 and 8 over the lands (described above) had
narrowed the width of the road that traverses through the
same, it would be expedient and in the interest of justice to
dispose of this writ petition by directing respondents No.2
and 5 to make endeavor for expeditious disposal of the
aforesaid cases pending before them pertaining to
respondents No.7 and 8, respectively, in accordance with
law. Ordered accordingly.
It is made clear that observations made in this
order shall remain confined only for adjudication of this
petition vis-a-vis speedy disposal of the cases and shall not
be construed as opinion on merits of the matter. The
authorities concerned shall decide the cases in accordance
with law.
Pending miscellaneous application(s), if any, shall
also to stand disposed of.
Jyotsna Rewal Dua
1st October, 2024 Judge
(Pardeep)
