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2025 DAILYLAW 20482 (HP)

SAPNA DEVI v. THE STATE OF HP AND OTHERS

CWP/13008/2025 · 2025-08-12

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:27282 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13008 of 2025 Decided on: 12.08.2025 Sapna Devi … Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Vishwa Bhushan, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate, General, for the respondents-State. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents-State. 2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “(i) That the order dated 27.03.2025 passed by the Sub- Divisional Collector, Sarkaghat in Appeal No. 1/2025, may kindly be quashed and set aside by upholding the order of eviction dated 04.11.2024 as well as the order dated 10.12.2024 passed by the Assistant Collector, 1st Grade, Sarkaghat, District Mandi (HP). (ii) That Respondent No.6, 7 and 8 may kindly be evicted from the encroached Govt. land bearing in Khasra No. 447 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:27282 measuring 0-10-10 hectare and Khasra No. 576 measuring 0-12-67 hectares situated in Mohal Saraun (Cholthra), Sarkaghat, District Mandi (H.P.).” 3. This Court is of the considered view that filing of this petition is nothing, but an abuse of the process of law. If the petitioner is aggrieved by an order passed the Officer of the level of Sub-Divisional Magistrate, she has enough remedies by way of approaching the superior Authorities in terms of the statutory provisions Evading and avoiding all those Authorities and straightaway come to the High Court, is nothing, but abuse of the process of law. Though, the Court was inclined to impose costs on the petitioner, but on the persuasion of the learned Counsel for the petitioner, it is not being done and the petition is being dismissed, but with liberty to the petitioner to approach the appropriate Authority for the redressal of her grievance. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 12, 2025 (Rishi)