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2024 DAILYLAW 706 (HP)

MANGAL SINGH v. STATE OF HP AND OTHERS

EX.P./989/2024 · 2026-06-18

Jyotsna Rewal Dua

body2024

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No. 989/2024 Decided on: 18.06.2026 Mangal Singh …..Petitioner Versus State of H.P. & Ors. ......Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bhim Raj Sharma, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, J. Petitioner seeks enforcement of following directions issued in Mangal Singh Vs. State of H.P. & Ors.2 “5. Consequently, in view of above, present petition is disposed of with a direction to Pradhan Gram Panchayat, Malawar, Tehsil Ghumarwin, District Bilaspur, to ensure that the road in question is made pucca and encroachments, if any, caused by the private respondent as well as other respondents/persons are removed forthwith, enabling petitioner as well as other residents of the area to use the road in free and fair manner. Pending applications, if any, stand disposed of.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 CWP NO. 10484/2023 decided on 22.04.2024 2 2. The respondents have filed the reply to the execution petition pleading therein that the encroachments have been removed and the judgment stands complied with. Office instructions dated 07.08.2024 from the office of the Deputy Commissioner, Bilaspur, District Bilaspur, H.P. have also been placed on record, relevant portion of which read as under; - “ ……….report was sought from the Tehsildar Ghumarwin. As per report, it was found that the patwari/Patwar circle Malyawar visited the spot alongwith the Pradhan Gram Panchayat Malyawar and other local residents and informed that there is a Gair Mumkin pucca Thalla comprised in khasra No. 499 land measuring 2-3 bigha wherein pucca passage & temple has been constructed by the local panchayat around it. Presently, the work is still in progress. The Passage is open for the movement of public. It is further submitted that Sh. Inder Singh and other co-owners are in joint possession of the land comprising in khasra No. 485 land measuring 3-9 bigha adjoining the land comprised in khasra No. 499 as per revenue record. Presently, there is no fresh encroachment on the spot and status quo-qua the land is maintained. Apart from the above, the Pradhan Gram Panchayat Malyawar vide his report dated 05.08.2024 (copy enclosed) also confirmed that the encroachment made by Sh. Inder Singh has been removed by the revenue department and no further encroachment has been found on the spot. Therefore, in view of the stated facts, it is crystal clear that the judgement passed by Hon'ble High Court of Himachal Pradesh has been implemented and private respondent did not convey/produce any order of assailment in the apex court on the spot…” 3 In view of above, the petition to stand disposed of. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th June, 2026 (rohit)