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2025 DAILYLAW 12751 (HP)

MADAN SINGH v. STATE OF HP AND OTHERS

CWP/2509/2018 · 2025-03-21

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:7165 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2509 of 2018 Decided on: 21.03.2025 Madan Singh … 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 petitioner : Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate. For the respondents : Mr. Pushpender Jaswal, Addl. AG. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has primarily prayed for the following reliefs:- “i) That the Respondents may be directed to produce entire record of the case for the perusal of this Hon'ble Court. ii) That the Respondents may be directed to carry out and complete construction work of the aforesaid road and they may be directed to complete this work by providing drain and complete the same by doing soling and metalling work for which purpose, administrative approval already stand granted. iii) That the respondents, may be directed to carry out construction work of walls on the spot so that left out area of 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:7165 the orchard A of the petitioner is saved from landslides and soil erosion etc.” 2. Learned Senior Counsel appearing for the petitioner has drawn the attention of the Court to the order that was passed by this Court on 29.04.2024, which reads as under:- “Though, affidavit in terms of Order dated 15th March, 2024 is stated to have been filed, however, the same is not on record. Registry to trace and place the same on record. Perusal of copy of said affidavit made available by counsel representing the petitioner reveals that matter has been amicably resolved and the petitioner is permitting the respondents to carry out the work in the entire alignment of the road and that the contractor has also resumed the work and efforts are being made to execute and complete the same at the earliest possible. In view of the above, Superintending Engineer, 14th Circle, HPPWD, Rohru is directed to file compliance affidavit after expiry of two months, showing therein the progress made on the spot. List on 28th June, 2024.” 3. Learned Senior Counsel further submitted that in compliance to the said order, the Authority has filed a compliance affidavit on 03.07.2024. Learned Senior Counsel by referring to the content of the said affidavit has submitted that in terms of the same, 3 2025:HHC:7165 the work pertaining to RD 0/345 to 0/365 (Breast Wall, length 20 metres) was stated to be in progress. Learned Senior Counsel thus submitted that it would be in the interest of justice, in case, this Court directs the authorities to do the needful at the earliest as the work has not been completed till date. 4. Having heard learned Senior Counsel for the petitioner as well as learned Additional Advocate General, who assures that needful shall be done expeditiously, this Writ petition is disposed of with the observation that let the work referred to in para-2 of the affidavit dated 03.07.2024 be completed by 30.06.2024. It goes without saying that in case needful is not done by the date fixed, then the petitioner shall be at liberty to seek revival of this writ petition by filing appropriate application. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge March 21, 2025 (narender)