Himachal Pradesh High Court
Date Of Decision: 29.10.2024 vs State Of Himachal Pradesh And Ors on 29 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:10485
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.12099 of 2021
Date of Decision: 29.10.2024
________________________________________________________________
Padam Sharma and Ors.
.......Petitioners
Versus
State of Himachal Pradesh and Ors.
... Respondents
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioners: Mr. Ajay Sipahiya, Mr. Yashveer Singh
Rathore, Mr. Prashant Sharma and Mr.
Tarun Mehta, Advocates.
For the Respondents: Mr. Anup Rattan, Advocate General with
Mr. Vishal Panwar and Mr. B.C. Verma,
Additional Advocates General.
__________________________________________________________________
Sandeep Sharma, Judge (oral):
By way of instant petition filed under Article 226 of the
Constitution of India, petitioner has prayed for following main
reliefs:
"i. issue a writ in the nature of mandamus or any other
appropriate writ, order or direction, directing the respondents
to enforce the Order dated 05.11.2020 issued by the SDM,
Chopal and to implement the written agreement dated
12.11.2020 by taking all necessary measures to ensure that
the Diwali festival is celebrated village-wise, as per the agreed
terms;
ii. issue a writ in the nature of mandamus directing the State
Respondents to prevent individuals neighbouring villages
from forcibly entering Village Gaunkhar during the Diwali
Whether the reporters of the local papers may be allowed to see the judgment?
2024:HHC:10485
celebrations, thereby averting any potential breach of peace
and public order;
ii. Issue a writ in the nature of mandamus directing the State
Respondents to take all necessary preventive measures, in-
cluding but not limited to, deploying adequate police person-
nel in Village Gaunkhar during the Diwali festival to ensure
the maintenance of law and order and the safety of the Peti-
tioners and other villagers of Gaunkhar; and
iv. grant just and proper reliefs in exercise of the extra ordi-
nary jurisdiction of this Hon'ble Court under Article 226 of
the Constitution of India considering the facts and circum-
stances of the case and further the cost of the petition may
kindly be awarded in favour of the Petitioners and against the
Respondents."
2. Precisely, the facts of the case as emerge from the
record are that in the year 2019, a complaint was lodged at the
behest of residents of Village Gaunkhar, Tehsil Kupvi, District
Shimla, Himachal Pradesh that on the eve of Diwali, residents of
Village Dhar Chandna, unauthorizedly entered their village and
created ruckus. Allegedly, again in the year 2020, residents of
Village Dhar Chandna unauthorizedly entered Village Gaunkhar on
the eve of Diwali and caused breach of peace, as a result thereof,
criminal cases were lodged against the parties, however,
subsequently with the intervention of elderly people of both the
villages, residents of both the villages decided that they will not go to
villages of each other on the eve of Diwali, rather Diwali would be
celebrated in their own villages.
2024:HHC:10485
3. Having taken note of apprehension of breach of peace
and compromise arrived inter-se parties, SDO Chopal vide order
dated 5.11.2020 (Annexure P-3), directed the residents of Village
Dhar Chandna not to visit Village Gaunkhar during Diwali and
pursuant to afore order, residents of the Village Dhar Chandna were
restrained from entering the Village Gaunkhar for two years, but in
the year 2023, a group of people from Village Dhar Chandna again
entered Village Gaunkhar on the eve of Diwali, and allegedly gave
beatings to the residents of Village Gaunkhar. On 15.11.2023, some
of the residents of Village Gaunkhar lodged report with the police
station concerned, but till date, parties have not been able to settle
their dispute, as a result thereof, petitioners herein, who are
residents of Village Gaunkhar, have approached this Court in the
instant proceedings, seeking therein direction to the
respondent/State to ensure that on the eve of Diwali, residents of
Village Dhar Chandna, are restrained from entering their village to
prevent any untoward incident in the village.
4. Having regard to the nature of dispute and sensitivity
of the matter coupled with the time left for Diwali celebrations, this
Court instead of calling for detailed reply from the respondents
specifically called upon the learned Additional Advocate General to
have instructions from the Deputy Commissioner, Shimla as well as
Superintendent of Police Shimla, respectively.
2024:HHC:10485
5. Pursuant to aforesaid direction, learned Additional
Advocate General has placed on record communication dated
29.10.2024 issued under the signature of Additional District
Magistrate (L&O) Shimla, Himachal Pradesh, perusal whereof
reveals that authorities responsible for maintaining law and order,
having taken note of apprehension of breach of peace, on account of
entry of the residents of Village Dhar Chandna, have already made
formal request to the Director General of Police to depute 40 police
personnel in Village Dhar Chandna on the eve of Diwali at Village
Gaunkhar. Aforesaid communication further reveals that SDM vide
order dated 15.11.2020 has already restrained the residents of the
Village Dhar Chandna from visiting Village Gaunkhar during Diwali
and as such, authorities detailed herein above with a view to ensure
compliance of order dated 5.11.2020 have already made proper
arrangements.
6. Learned counsel for the petitioner having perused the
aforesaid communication fairly states that nothing much is left in
the petition to be adjudicated and as such, this court may pass
appropriate orders.
7. Consequently, in view of the above, present petition is
disposed of with a direction to the Deputy Commissioner, Shimla, as
well as Superintendent of Police, Shimla to ensure that order dated
5.11.2020, passed by the SDM Chopal as well as written
compromise arrived inter-se parties (Annexure P-4) is adhered to by
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the residents of both the Villages i.e. Gaunkhar and Dhar Chandna
so that no untoward incident takes place. Afore authorities may
specifically bring the factum of passing of instant order in the
knowledge of the villagers by displaying public notice in the offices
of Gram Panchayats of the villages concerned so that same is not
flouted by the villagers.
8. Learned Additional Advocate General undertakes to
convey the order to the aforesaid authorities so that panchayats of
both the villages are apprised with regard to direction issued by this
Court for necessary compliance. In the aforesaid terms, present
petition is disposed of alongwith pending applications, if any.
Authenticated copies be supplied to the parties.
October 29, 2024 (Sandeep Sharma),
manjit Judge
