Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.15437 of 2025
Decided on 25th September, 2025 Shri Ramesh Chand
…Petitioner Versus State of Himachal Pradesh and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Neeraj Gupta, Senior Advocate,
with Ms. Rinki Kashmiri, Advocate.
For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General with mr. Rajat Chauhan, Assistant Advocate General.
Ajay Mohan Goel, Judge (Oral)
Notice confined to respondents No.1 to 3. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No.1 to 3. In the light of the order which this Court intends to pass, no notice is being issued to respondents No.4 and 5.
2.
The petitioner herein is aggrieved by inaction on the part of Tehsildar Shree Naina Devi Ji, who as per the petitioner is not acting on the direction issued to him by the superior authority
2 i.e., respondent No.3 to take a proper action against the private respondent for allegedly encroaching upon the Government land.
3.
Learned Senior Counsel has referred to Annexure P-7 dated 09.06.2025 and Annexure P-9 dated 23.08.2025 and has submitted that despite definite direction issued by respondent No.3 to respondent No.4 to do the needful, he is sleeping over the same. He, accordingly, submits that this petition be disposed of by directing the Tehsildar to take appropriate action in accordance with law on Annexure P-7 and P-9 within some time bound manner.
4.
Learned Additional Advocate General submits that needful in terms of Annexure P-7 and P-9 in accordance with law will be done within a period of six weeks from today. His statement is taken on record.
5.
This petition is disposed of with the direction that Tehsildar should act in terms of the direction which has been issued to him by the Sub Divisional Officer vide Annexure P-7 and P-9. However, it is clarified that this Court has not made any observation on the merits of the case and Tehsildar shall act upon communication Annexure P-7 and P-9 dated 09.06.2025
3 and 23.08.2025 in accordance with law by adhering to the principles of natural justice. Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel)
Judge September 25, 2025 (Vinod)