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2025 DAILYLAW 11732 (HP)

SHANKAR SINGH v. STATE OF HP AND OTHERS

CWP/6146/2024 · 2025-06-17

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6146 of 2024 Decided on: 17.06.2025 Shri Shankar Singh … Petitioner Versus State of H.P. and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Jagan Nath, Advocate. For the respondents : Mr. Sumit Sharma, Dy. AG for respondent-State. : Mr. Dheeraj K. Vashisht, Advocate vice Mr. Devender K. Sharma, Advocate for respondents No. 8 and 9. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- “a) That the respondents may kindly be directed to demarcate the road From Dehar to Triphalghat at place Triphalghat including the khasra No. 1051/184 measuring 00-0058 hect. Mohal Nawani, which has been shown as gair mumkin road but on the spot two storied house has been constructed. b) That the respondents may kindly be directed to take action against the encroachers/private respondents for eviction of the unauthorized encroachment on the spot.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. In terms of the reply filed by the respondent-State, their stand is that demarcation was carried out at the spot and it has been found that there is no encroachment of the land belonging to the State by the private respondents. 3. Learned Counsel for the private respondents submits that there is a lis intra the petitioner and the private respondents and it is on this count that false allegations are being made against the private respondents. 4. Be that as it may, taking into consideration the fact that there are disputed questions of fact involved in the matter, therefore, this Court is of the considered view that the petitioner will be well advised to raise the issue raised by way of this petition, before the appropriate forum. Accordingly, this writ petition is disposed of as withdrawn with liberty to the petitioner to approach the appropriate forum. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 17, 2025 (narender)