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2025 DAILYLAW 22759 (HP)

SANDEEP CHANDEL v. THE STATE OF HP AND OTHERS

CWP/12935/2025 · 2025-09-17

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12935 of 2025 & CMP 19256 of 2025 Decided on: 17.09.2025 Sandeep Chandel … Petitioner Versus State of Himachal Pradesh and Ors. … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ________________________________________________________________ For the petitioner : Mr. Sumeet Raj Sharma, Advocate. For the respondents : Mr. Sumit Sharma, Deputy Advocate General. Ajay Mohan Goel, Judge ( Oral) By way of this writ petition, the petitioner has approach this Court for issuance for direction to respondent No.2 for closing the Shoghi-Mehli road for two hours interval during the day time for a period of three months to enable him to carry out the work of the widening and improvement of the said road from km. 11/495 to 11/600. 2. Reply to the petition has been filed and documents appended therewith demonstrate that whereas Senior 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Superintendent of Police, Shimla, has stated that if District Administration permits the cutting work qua the said stretch, in that case, machinery/manpower be deployed for the speedy clearance of the road to ensure hurdle free transportation of apple loaded vehicles but District Magistrate, Shimla, has opined that closure of this major road may lead to traffic congestion, resulting in inconvenience to the transporters and growers, in light of the fact that Shoghi-Mehli road is a prominent road for the transportation of the apple loaded vehicles and further in view of the ongoing rainy season, it is not advisable to start cutting work on the stretch in issue. 3. Learned counsel for the petitioner submitted that the work of the widening and repair of the road has been awarded by the Public Works Department. Until and unless the flow of traffic on the said road is restricted and regulated, the work allotted to him cannot be carried out. He stated that the petitioner is not suggesting that the entire traffic be stopped. He is only praying that for some limited time, the movement of vehicles except heavy vehicles be restricted and as far as heavy good vehicles are concerned, because the number of such vehicles is less, their 3 plying on the road can be allowed. 4. On the other hand the learned Additional Advocate General submitted that as the District Magistrate, Shimla, has expressed his apprehensions, more so in the light of the fact that rainy season is going on, this Court may not pass the orders as are being prayed by the petitioner. 5. Having heard learned counsel for the petitioner as well as the learned Additional Advocate General and taking into consideration the controversy involved in this petition, this Court is of the considered view that it would be appropriate, in case, the concerned authorities decide this issue because the decision apparently would be an administrative decision which would have to be taken by the authorities. 6. Therefore, this petition is disposed of with the direction that let Principal Secretary, Public Works Department, hold a meeting with the District Magistrate, Shimla as well as SSP, Shimla, along with the competent officers of the Public Works Department and the petitioner and a via media be found which is agreeable to all. 7. Let the decision be taken on or before 30.09.2025. 4 With these observations, present petition stands disposed of. Pending miscellaneous application(s), if any, shall also stands disposed of. (Ajay Mohan Goel) Judge September 17, 2025 (ankit)