Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2453 of 2025
Decided on: 10.04.2026 _________________________________________________________________ Dola Ram
....Petitioner
Versus State of Himachal Pradesh & Ors . …Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ajay Kumar, Advocate. For the respondents: Mr.Vishwadeep Sharma, for respondents No. 1 to 4. Mr. Madan Gopal, Advocate, for respondent No.5. Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of following substantive relief:-
“(i) The respondents No. 1-4 may be directed by way of issuance of appropriate writ to forthwith initiate appropriate proceedings against the private respondents in respect of encroachment over land comprised in Khara No. 71, 1 and 2, situated at Mohal Dadoh, Tehsil Chachiot, District Mandi, H.P.,
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes
- 2 - and take the same to the logical end within a time bound frame.”
2. Respondents No. 1 to 3 and 4 have filed their replies. Despite grant of sufficient opportunities, respondent No.5 has not filed reply. Learned counsel for respondent No.5 pleads no instructions. The matter has been heard at this stage. 3. Concerning petitioner’s allegations of respondent No.5 having encroached over the land comprised in Khasra Nos. 71, 1 and 2, situated at Mohal Dadoh, Tehsil Chachiot, District Mandi, H.P., the stand taken by respondents No. 1 to 3 in their reply is that petitioner had filed a complaint against respondent No.5 before respondent No.4 i.e. Divisional Forest Officer, Nachan, District Mandi; On receipt of the complaint against respondent No.5 of his having encroached upon the Government land, proceedings have been initiated against respondent No.5, which are pending for adjudication before respondent No.3 i.e. Tehsildar Gohar, District Mandi. The aforesaid stand of the respondents taken in para-1 of their reply on merits to the writ petition, is as under:-
“1. That the contents of para No.1 of petition are admitted
- 3 - to the extent that petitioner is citizen of India and addresses as stated in memo of party. It is submitted that the petitioner has filed complaint against the respondent No. 5 in the office of respondent No. 4 and it is further submitted that when the complaint against the respondent No. 5 regarding the encroachment upon the Govt.
land came into notice of respondent No. 3, then the appropriate proceeding has been initiated against the respondent No. 5, which is pending for adjudication in the office of respondent No. 3.”
4. In view of stand taken by the respondents in their reply, this writ petition is disposed of with direction to the respondents/Competent Authority to take the proceedings pending against respondent No.5 to their logical conclusion in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua
Judge April 10, 2026 R.Atal