BHARAT BHUSHAN SHARMA AND OTHERS v. THE STATE OF HP AND OTHERS
CWP/4209/2025 · 2025-07-15
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10004 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10004 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 4209 of 2025 Date of Decision:15.07.2025 _______________________________________________________ Bharat Bhushan Sharma & others …….Petitioners
Versus
State of Himachal Pradesh & others … Respondents ______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sunil Mohan Goel, Senior Advocate
with Mr. Paras Dhaulta and Mr. Abhinav
Mohan Goel, Advocates.
For the Respondents: Mr. Rajan Kahol, Additional Advocate General for the respondent-State.
Mr. Sumeet Raj Sharma, Advocate, for respondent No.7.
Mr. Chaman Singh, Advocate, for respondent Nos. 8 and 9.
Mr. Gurmeet Bhardwaj, Advocate, for respondent No.10. _______________________________________________________ Sandeep Sharma, Judge(oral):
Careful perusal of communication dated 24th June 2025, issued under the signatures of Sub Divisional Officer(C), Padhar, District Mandi, Himachal Pradesh, placed on record by learned Additional Advocate General, suggests that in terms of
order dated 04.06.2025, Sub Divisional Officer(C), Padhar,
1Whether the reporters of the local papers may be allowed to see the judgment?
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directed the Tehsildar, Padhar to inspect the spot alongwith SHO, Drang and Range Forest Officer, Urla, Sub Division Padhar, District Mandi, Himachal Pradesh. As per report of the Tehsildar Padhar, dated 20.06.2025, the fencing at the site had been removed. However, subsequently, SHO, Padhar, in his report dated 23.06.2025, confirmed that the fencing was removed, but has been repaired and at present, the area in question has been fenced again by the Forest Department. As per report of the Range Forest Officer, Urla, dated 23.06.2025, damaged fence has been repaired and area is now properly enclosed with fence posts and barbed wire.
2.
Since, it is quite apparent from the reports submitted by the Department of Revenue, police and Forest Sub Division Padhar, that the area in question is fenced on the spot again, nothing remains to be adjudicated in the instant proceedings and accordingly, the same are disposed of, with a direction to afore- mentioned authorities to ensure that the fencing done in and around the government land is not removed by the local residents. Forest Department may also consider planting trees on the vacant land and thereafter, same may be fenced with good quality barbed wire. Liberty is reserved to the petitioner to
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get the present petition revived, in case violation, if any, is made by the parties to the lis. Pending applications, if any, also stands
disposed of.
(Sandeep Sharma),
Judge July 15, 2025 (shankar)