Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9214 of 2025
Date of Decision: 3.6.2025 _____________________________________________________________________ Jagar Nath ……...Petitioner Versus State of Himachal Pradesh and Ors.
…....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?
For the Petitioner: Mr. Naresh Verma, Advocate.
For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Naresh Verma, learned counsel for the petitioner is that despite there being repeated complaints, no steps are being taken by the respondents to remove the illegal encroachment (pillars with barbed wires and dung) on public path and from Gair Mumkin Kuhal situate at Mohal Garodu, Tehsil Jogindernagar, District Mandi, Himachal Pradesh.
2.
While making this Court peruse communication dated 8.1.2025, issued under the signature of Naib Tehsildar, Jogindernagar, learned counsel for the petitioner states that revenue
- 2 - department after having demarcated the land in question arrived at a conclusion that private respondents have encroached upon the Government land, but yet proceedings, if any, initiated under Section 163 of the HP Land Revenue Act, have not been taken to its logical end.
3.
Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Pushpender Singh Jaswal, learned Additional Advocate General, who fairly states that needful in terms of communication, as detailed herein above, shall be done expeditiously.
4.
Consequently, in view of the above, present petition is
disposed of with direction to the Sub Divisional Officer (Civil), Jogindernagar, to ensure that steps, if not already taken for removal of the encroachment over the land as detailed in communication dated 8.1.2025, are taken, expeditiously, preferably, within four weeks, 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. Pending application(s), if any, stands
disposed of.
June 3, 2025
(Sandeep Sharma), (manjit)
Judge