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2025 DAILYLAW 22994 (HP)

SHYAM LAL v. STATE OF HP AND OTHERS

CWPIL/68/2023 · 2025-09-22

Gurmeet Singh Sandhawalia, Ranjan Sharma

Public Interest Litigationbody2025

Judgment text

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( 2025:HHC:33175 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No.68 of 2023 Date of Decision: 22.09.2025 ____________________________________________________ Shyam Lal ....Petitioner. Versus State of H.P and others …Respondents _____________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 For the petitioner: Mr. Hem Chand Sharma, Advocate. For the respondents: Mr. Gobind Korla, Additional Advocate General for respondents No. 1 to 3. Mr. Neeraj Gupta, Senior Advocate with Mr.Ajit Pal Jaswal, Advocate, for respondent No.4. Mr. Vaibhav Tanwar, Advocate, for respondent No.5. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation has been initiated seeking prayers to take stern action against respondent No.4 to stop the illegal and unauthorised construction work on khasra No. 178 in Mohal Shali Bazar, Theog, District Shimla; and take possession of the aforesaid land; and respondent No.4 be 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 directed to compensate the Government for the loss caused to the Government property. 2. It is also to be noticed that the petitioner is resident of Chopal, District Shimla, H.P., which is on the other end of District Shimla and situated far away from Theog. The petitioner had averred that whenever he crosses through the Theog bazaar, he often comes across the construction raised in a haphazard manner and on one occasion, he had discussed with one of the passengers in the bus about the said construction and came to know about the illegalities of respondent No.4. 3. On 08.09.2025, keeping in view the pleadings, which had been completed, we had passed the following Order:- “Keeping in view the stand of respondent No.4 regarding the locus standi of the petitioner to file the present petition, counsel for the petitioner prays time to seek instructions as to why he should not be called upon to deposit certain amount to show his bonafide; and in view of the fact that there has been a litigation as such initiated by respondent No.4, through his predecessor-in-interest, to get the tenants evicted from the property in question, in due process and then having raised construction after due sanction from the Municipal Corporation. List on 22.09.2025.” 3 4. It is in such background now counsel for the petitioner submits that he has necessary instructions not to press the present Public Interest Litigation. Accordingly, the present Public Interest Litigation is ordered to be closed without imposing any exemplary costs. 5. Pending applications, if any, also stand disposed of accordingly. ( G.S. Sandhawalia ) Chief Justice 22nd September, 2025 ( Ranjan Sharma ) (priti) Judge