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2025 DAILYLAW 11446 (HP)

ASHOK KUMAR v. HEMRAJ BAIRWA AND OTHERS

COPC/419/2025 · 2025-07-15

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No. 419 of 2025 Date of Decision: 15.07.2025 _____________________________________________________________________ Ashok Kumar ……...Petitioner Versus Hemraj Bairwa & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Having perused reply on behalf of respondents, this Court finds that nine cases of encroachment over the Government land in Village Sakoh, PO Kuthandal, Tehsil Fatehpur, District Kangra, Himachal Pradesh, under Section 163 of HP Land Revenue Act, 1954, were registered against 15 persons. After completing the codal formalities and providing due opportunity of being heard to the encroachers, the eviction orders were passed against the respondents in seven cases on 04.03.2025, in one case on 13.05.2025 and one case is fixed for petitioner’s evidence on 09.06.2025. The warrants of ejectment also stand issued. 2 2. As per reply, encroachers, against whom eviction orders have been passed, have filed appeals before the Collector, Sub- Divisional Fatehpur. 3. In view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly, the same are closed, but this Court hopes and trusts that Appellate Authority shall make sincere efforts to conclude the appropriate proceedings expeditiously, preferably within three months, failing which, petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken against the erring officials. Notices issued to the respondents are discharged. July 15, 2025 (Sandeep Sharma), (Sunil) Judge