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2025 DAILYLAW 10969 (HP)

JIWAN LAL SHARMA v. STATE OF HP AND ORS

CWP/3824/2021 · 2025-05-22

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:15437-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3824 of 2021 Decided on : 22.05.2025 Sh. Jiwan Lal Sharma. …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Tek Chand Sharma, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1, 3 & 4. Mr. Lovneesh Singh Kanwar, Senior Advocate, with Mr. Tek Chand, Advocate, for respondent No.2. Mr. Devender K. Sharma, Advocate, for respondents No.5 & 6. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “b) That the respondents functionaries respondent No.1 to 4 may kindly be directed to execute and lay the 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:15437-DB common sewerage pipe line as per Annexure P-1 or any other manner at site as deed fit and proper in a time bound manner. c) That the respondents No.5 & 6 may kindly be directed not to cause any obstruction or hindrance and raise any objection in laying down the sewerage pipe line at spot.” 2. Having heard the matter and having heard the respective contentions of learned counsel for the parties, prima facie it appears to be a dispute intra the petitioner and the private respondents, who happen to be real brothers, which is creating an impediment in the laying down of the sewer line. Whereas, the petitioner is insisting that the sewer line be laid down in a particular manner, the same is being objected to by the private respondents, who are suggesting that the sewer line be laid down from the backside of the ancestral house. 3. Learned counsel for the petitioner submits that as far as the petitioner is concerned, he just wants a sewerage connection, be it from the backside of the ancestral house or otherwise. 4. In the light of the statement so made by learned 3 2025:HHC:15437-DB counsel for the petitioner, as agreed, this petition is disposed of with the direction that the petitioner as well as the private respondents shall appear before respondent No.4, who will have an inspection carried out of the area and thereafter, as is agreeable to all the parties, let a sewerage pipe line be laid from the backside of the ancestral house, so that none is aggrieved of the laying down of the same. 5. Parties to appear before respondent No.4, on 02.06.2025, at 11:00 am. Thereafter, said respondent shall ensure that needful is done, as expeditiously as possible and preferably, within a period of three months. 6. Accordingly, the petition stands disposed of, so also the pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge May 22, 2025 (Shivank Thakur)