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2025 DAILYLAW 12408 (HP)

KIRPA RAM v. STATE OF HP AND OTHERS

CWP/5320/2024 · 2025-05-05

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 5320 of 2024 Decided on 05th May 2025 Kirpa Ram …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Sahil Malhotra, Advocate. For the respondents: Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1 to 4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- a. “That the present writ petition may please be allowed. b. That a direction be issued to respondents in the nature of mandamus or any other writ/order to carry out fair and impartial investigation in case FIR 32 of 2024 registered at Police Station Karsog dated 11.03.2024 under Section 447, 379, 506 IPC as well to thoroughly examine all aspects of case afresh by associating petitioner. 2 c. That a direction in the nature of mandamus or any other writ/order be issued against respondent No.1 to 4 for providing adequate police protection to petitioner alongwith family members against respondent No.5 & 6 in view of life and rape threats extended by them.” 2. Learned counsel for the petitioner as well as learned Additional Advocate General have referred to the reply filed by respondents No.1 to 4 and stated that as it is the stand of the respondents that the case is pending at the end of the Revenue Department for the demarcation of the land and post demarcation appropriate steps shall be taken by the police in the matter in accordance with law, ends of justice would be served, in case, this Court disposes of this petition with the direction to the Revenue Authority to carry out the necessary direction within some reasonable time. 3. In view of the fact that Deputy Commissioner Mandi, H.P., is a party respondent in the writ petition, without making any observation of the merits of this case, this petition is disposed of with the direction that respondent No.2 to ensure 3 that demarcation of the land is carried out forthwith in accordance with law by due intimation to all the stakeholders and thereafter the investigation in the FIR be taken to its logical conclusion within a period of eight weeks as from the date of the demarcation. Demarcation be carried out within a period of four weeks from today. 4. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge May 05, 2025 (Vinod)