1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No. 71 of 2023 Decided on: 19.08.2026 ------------------------------------------------------------------------- Govind Singh …..Petitioner Versus Devesh Kumar and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ankush Dass Dood, Senior Advocate with Mr. Vivek Negi, Advocate. For the Respondents: Ms. Seema Sharma, Deputy Advocate General, for respondents No. 1 to 4. Mr. Atul Jhingan, Advocate, for respondent No.5. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Heard and considered the case file. 1 (ii). Govind Singh versus State of H.P. and others2 was instituted by the petitioner for grant of following substantive reliefs:- “i) Issue a writ of mandamus directing the respondent No.1 to hold an inquiry and further direct to lodge an F.I.R against the respondent No.5 who has fraudulently shown other side to the authority for getting permission of take off of Para Glider point. ii) The respondent may kindly be directed to verify the paper as submitted by the respondent No.5 and thereafter take appropriate action against him. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2CWP No.2899/2022, decided on 21.06.2022 2 iii) That respondent may kindly be directed to inspect all the sites, requisite documents and equipments of Associations as has been approved by the department in District Kangra. iv) That the respondent may kindly be directed to get the demarcation of Khasra No.260 situated in village Dobhi, Tehsil and District Kullu and thereafter fence the same in the interest of justice.” The writ petition was disposed of on 21.06.2022 taking note of instructions dated 28.06.2022 placed on record by the respondents to the effect that para-gliding site in question was being illegally operated, the same shall be de-notified. The relevant portion of decision is as under:- “2. The respondents have placed on record instructions dated 28.6.2022 which goes to indicate that respondents after concluding that para-gliding site is being illegally operated, the same shall be de-notified. 3. In this view of matter, the petition is rendered infructuous and the same is dismissed as such. The pending application(s), if any, are also disposed of. 4. For compliance, to come up on 12.7.2022.” 1(iii). The abovementioned writ petition was next listed on 12.07.2026 when learned Deputy Advocate General informed the Court that para-gliding site at Dhobi bearing take off Khasra No.592 has been de- notified. Taking note of this fact, the proceedings were closed. The order dated 12.07.2022 is as under:- “Learned Deputy Advocate General has placed on record instructions dated 20.6.2022, which go to reveal that the Para-gliding site at Dhobi bearing 3 take off khasra No. 592 has been denotified/ cancelled. Therefore, no further orders are required to be passed in the matter and the same is closed.” 1(iv). Petitioner moved CMP No.15605/2022 in the aforesaid disposed of writ petition seeking its revival and for passing appropriate orders alleging that respondent No.5 was using a different site for take off i.e. Khasra Nos. 614, 615 and 616 and landing was permitted on Khasra No. 260/3. Following order was passed in the matter on 18.11.2022:- “The petitioner has filed the instant application seeking the following relief:- “It is, therefore, prayed that in the peculiar facts and circumstances of the case above titled writ petition may kindly be revived and further and appropriate orders may be passed directing the non-applicants/respondents authorities to cease/stop the operations of nonapplicant/respondent No. 5 from the site/location in question i.e. Khasra Nos. 614, 615 and 616 (being used as take off site) as well as Khasra No. 260/3 (being used as land site). Any other or further order that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, including initiation of civil and criminal contempt proceedings, may also be passed in favour of the applicant/petitioner and against non-applicants/respondents in the interest of justice.” When the application came up for consideration on 14.11.2022, this Court passed the following order:- “Learned counsel for the petitioner states that the action taken by the respondents is only a paper formality, whereas, on the spot, 4 paragliding taking place from Khasra Nos. 614, 615 & 616 and thereafter landing is permitted on Khasra No. 260/3. Learned counsel further states that the petitioner is possessing substantive evidence by way of video recording and photographs, which have been clicked on 12th and 13th of November, 2022. If that be so, learned counsel for the petitioner to hand over the same to learned Additional Advocate General during the course of the day, so as to enable him to obtain instructions. List on 18.11.2022.” Today, learned Advocate General has obtained instructions and states that the site in question is still operational as the respondent No. 5 appears to be using the same. In such circumstances, let the proceedings of contempt be registered separately against respondent No. 5. In the meanwhile, respondent No. 3 i.e. Conservator of Forest is directed to close the take off site comprised in Khasra Nos. 614, 615 and 616 and also the landing site comprised in Khasra No. 260/3 by putting up a barbed wire at the cost of respondent No. 5. The application stands disposed of.” The petitioner alleges violation of directions issued in the aforesaid order. 2. Several orders have been passed in this contempt petition from time to time. The matter was lastly taken on 30.07.2026. The order passed on the said date reads as under:- “Learned counsel for the petitioner submits that directions issued in order dated 18.11.2022 (Annexure P-3) have still not been implemented in letter and spirit by the official respondents/competent authority; That fencing at the site is now broken on several places: That paragliding operations are being illegally conducted over Khasra No. 260/3. Learned counsel for the petitioner further submits that petitioner is 5 in possession of a recent video recording, allegedly demonstrating violation of the order dated 18.11.2022. In view of the orders passed in the main matter as also in this contempt petition from time to time and also taking note of the response furnished by the Deputy Commissioner Kullu, District Kullu, at this stage, it is deemed appropriate to direct the petitioner to approach the Deputy Commissioner Kullu, District Kullu, alongwith evidences he professes to have concerning breach of the directions in question. The petitioner shall report to the Deputy Commissioner Kullu, District Kullu, on 03.08.2026 at 11:00 am. The grievance of the petitioner alongwith evidence he produces, shall be looked into by the Deputy Commissioner, Kullu and action in accordance with law, as deemed fit, be taken thereupon after hearing all the stake holders. Status report in this regard by furnished by the Deputy Commissioner Kullu, District Kullu, by the next date of hearing. List on 19.08.2026.” Pursuant to above order, Deputy Commissioner, Kullu, District Kullu, H.P. has filed affidavit dated 13.08.2026 inter alia to the effect that meeting was convened on 03.08.2026 which was attended by the petitioner as also respondent No.5 i.e. the land owner of de-notified land; During said meeting, respondent No.5 was directed to erect barbed wire fencing around the de- notified land within two days so as to prevent any para- gliding activity or landing on the said private land; The District Tourism Development Officer, Kullu was also directed to conduct the inspection of the site after completion of the fencing and to submit factual report. 6 In terms of the compliance affidavit, the District Tourism Development Officer, Kullu carried the spot inspection of the de-notified landing site over Khasra No.260/3 on 5.08.2026 in presence of petitioner and respondent No.5; Respondent No.5 was found to have erected barbed wire fencing around the de-notified landing site. Alongwith the compliance affidavint photographs have also been appended evidencing the existing fencing on the de-notified land. As per compliance affidavit, in view of current monsoon season, on account of adverse unpredictable weather condition, para-gliding operations even otherwise are not undertaken at the adjoining notified government landing site or de-notified private land. The relevant portion from the compliance affidavit is as under:- “2. That after hearing the matter the Hon’ble High Court vide its order dated 10.10.2025 passed in the above mentioned COPC directed the replying respondent for compliance of the order passed by the Hon’ble Court before the next date of hearing i.e. on 29.10.2025 in letter and spirit. 3. That in compliance to the order dated 10.10.2025 of Hon’ble Court a surprise inspection was conducted by DTDO, Kullu on 22.10.2025 (copy of letter No. DTDO/KLU-3726 dated 23.10.2025 of DTDO, Kullu and inspection report enclosed as Annexure R-1). 4. That, during the inspection, it was found that all pilots and operators at the takeoff site were conducting para-gliding activities from the department’s notified takeoff point only. The land 7 at the said cancelled site was found to be naturally overgrown with grass and bushes, indication that no activity was currently being conducted from there. 5. That, during inspection of the landing site, it was similarly found that no pilot or operator was landing on the cancelled private land. It was also observed that a portion of the land of the cancelled site near the landing site has grass growing on it, while some portion had been washed away due to river erosion in the recent floods. 6. That, at present all the para-gliding operators and pilots are operating only from the sites notified by the Department and no activity is being carried out at the cancelled private sites.” The proceedings of the meeting convened under the Chairmanship of Deputy Commissioner-cum- Chairman, Regulatory Committee (Aero Sports), District Kullu on 03.08.2026 have also been appended. Inspection report conducted at the de-notified landing was situated at Khasra No.260/3 has also been made part of the compliance affidavit. 3. Taking note of the compliance affidavit and documents appended therewith, the present proceedings are closed with hope and trust that respondent No.2- Deputy Commissioner, District Kullu as also respondent No.4- District Tourism Development Officer shall ensure that no illegal landing is permitted on de-notified land i.e. Khasra No.260/3 and the fencing erected by respondent No.5 is maintained. 8 Learned counsel for respondent No.5 has assured that directions issued in the order in question shall not to be breached in any manner whatsoever. Petitioner shall at liberty to point out any breach of directions/ orders to the concerned officials who shall take appropriate call in the matter in accordance with law inter alia keeping in view the directions issued in the order dated 18.11.2022. Accordingly, notices issued to respondents are discharged. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua August 19, 2026 Judge yogesh