Himachal Pradesh High Court
Suresh Kumar vs State Of H.P. & Ors on 11 September, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Decided on: 11.09.2024
.
Suresh Kumar ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner:
For the respondents:
r to Ms. Shashi Kiran, Advocate.
Mr. L.N. Sharma, Additional
Advocate General, for respondents
No.1 to 3.
Jyotsna Rewal Dua , J
Notice. Mr. L.N. Sharma, learned Additional Advocate
General, accepts notice on behalf of respondents No.1 to 3.
In view of the nature of order being passed hereinafter,
notice of this petition is not required to be issued to respondent No.4.
2. With the consent of learned counsel for the parties, the
matter is heard at this stage.
3 The case set up by the petitioner as canvassed by
learned counsel is that :- Respondent No.4 had encroached upon the
Government land comprised in Khasra No. 603 measuring 00-05
biswas situated at Mauza Malaun Khas Sub-Tehsil Rameshwar,
Whether reporters of the local papers may be allowed to see the judgment? yes
District Solan, H.P; He had raised two storied residential house and
cow shed etc. over the aforesaid land; The ejectment order was
.
passed by Assistant Collector Second Grade against respondent
No.4 on 07.10.2010; The appeal preferred by respondent No.4
against the aforesaid order was allowed by the Collector Sub Division
Nalagarh on 30.06.2011; Order dated 07.10.2010 passed by the
Assistant Collector Second Grade Rameshwar was set aside with
direction to decide the case afresh after giving opportunity of hearing
to the parties; The Assistant Collector Second Grade Rameshwar
considered the case afresh and passed ejectment order against
respondent No.4 on 23.07.2012; Warrant of ejectment was also
issued on 30.04.2013.
The allegation of petitioner is that respondent No.4
again encroached upon the Government land comprised in Khasra
No. 603 described above. This led the petitioner to institute the
representations (Annexure P-3 colly) before the Assistant Collector
Second Grade. It is the case of the petitioner that the respondent-
State has also instituted a case against respondent No.4 bearing No.
6/2021 (State Vs. Shayam Lal). The said case is stated to be pending
before the Assistant Collector Second Grade ever since the year
2021. Learned counsel for the petitioner submitted that neither the
representations of the petitioner are being considered nor the
aforesaid case No.6/2021 instituted by the State against respondent
No.4 is being decided by the Assistant Collector Second Grade. That
encroachment by respondent No.4 is causing injustice to the
.
petitioner as the petitioner is one of the beneficiary of "Chashma,
Charandh, Chakauta' allegedly existing over Khasra No. 603.
4. Learned counsel for the petitioner submitted that the
petitioner would be satisfied, in case, respondent No.2 is directed to
decide the representations (Annexure P-3 colly) of the petitioner as
also the case bearing Case No. 6/2021 (State Vs. Shayam Lal)
pending before it expeditiously in a time bound schedule.
Learned Additional Advocate General is agreeable to
the aforesaid prayer.
5. Taking into consideration the pleadings and submissions
of the parties but without examining the merits of the matter, this writ
petition is disposed of by directing respondent No.2 to decide the
aforesaid representations of the petitioner and the Case bearing No.
6/2021 (State Vs. Shayam Lal) instituted by the respondent-State
against respondent No.4, in accordance with law, as expeditiously as
possible, preferably within four months. Pending miscellaneous
application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua
Judge
11th September, 2024(rohit)
