Extracted from the PDF above. The PDF is authoritative.
2025:HHC:8692-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1946 of 2017 Decided on: 02.04.2025 Hamender Kumar
… Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioners : Mr. R.L. Chaudhary, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents- No.1 to 9-State. Mr. T.S. Chauhan, Senior Advocate, with Mr. Surya Chauhan, Advocate, for respondents No.10(a) to 10 (e). Ajay Mohan Goel, Judge (Oral) CMP No.4936 of 2025 For the reasons stated therein, present application seeking deletion of name of respondent No.10 (e) is allowed and
disposed of. CWP No.1946 of 2017
2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) That writ in the nature of mandamus may kindly be issued, directing the respondent authorities to construct 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:8692-DB 100 feet Ambulance/Tractorable road from Mandi-Pairi road to Village Behal, P.O. Pairi, Tehsil Bath, District Mandi, H.P. in terms of the resolution passed by the Gram Panchayat dated 07.09.2010 (Annexure P-1) and in terms of sanction order dated 01.03.2011 (Annexure P-2) and 05.02.2011 Annexure P-3) within a time bound manner. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondent authorities to remove the encroachment of private respondent from the Government Land bearing Khasra No. 190 and remove the obstruction created by the private respondent for stopping the construction of 100 feet Ambulance/Tractorable road from Mandi-Pari main road to Village Behal. (iii) That writ in the nature of mandamus may kindly be issued, directing the respondent authorities to decide the applications of the petitioner as per Annexure P-12 within a time bound manner in accordance with law and thereafter, construct 100 feet Arnbulance road from main road Mandi-Pairi to Village Behal.”
3.
Learned counsel for the petitioner submits that interest of justice would be served in case this petition is disposed of with
3 2025:HHC:8692-DB the direction that let the encroachment upon the Government land as pointed out in the writ petition be removed by the Authorities concerned as expeditiously as possible.
4. In the light of the request so made, without making any observation on the merit of the case, this petition is disposed of with the direction that the proceedings that may be pending with regard to the alleged encroachment be decided by the Authorities concerned as expeditiously as possible in accordance with law by adhering to the principles of natural justice and preferably within a period of six months from today. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge April 02, 2025 (Rishi)