IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14200 of 2024 Decided on: 17.09.2025 Yogesh Kumar … 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. Munish Datwalia, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General. Ajay Mohan Goel, Judge ( Oral) By way of this petition, the petitioner has prayed for the following relief: “a) Issue a writ in the nature of Mandamus, directing the Respondents to provide a water tap connection to the Petitioner’s residence at Khewat No.102/86, Khatoni No.115/99, Khasra No.354/318/213, located in Village Dohla Barahmana, Tehsil Sadar, District Bilaspur, Himachal Pradesh.” 2. Reply to the petition has been filed by the State. 3. The contents of the preliminary submissions read as under:- “That the present petition has been filed with a prayer to direct the Respondents to provide a water tap connection to the Petitioner's residence at Khewat No. 102/86, Khatoni No. 115/99, Khasra No. 354/318/2013, located in Village Dohla Barahmana, Tehsil Sadar, District Bilaspur, Himachal 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Pradesh. It is submitted that the petitioner had applied for new water connection during the year 2013 and water connection was sanctioned by the Assistant Engineer, Jal Shakti Sub-Division Kandrour vide office letter No. IPH-ISDK- Water Connection/2012-1462-64 dated 19-10-2013, but petitioner could not lay his personal pipeline from T-point allocated by Jal Shakti Vibhag due to involvement of malkiat land of other local residents. The petitioner later on once again applied for the Functional Household Tap Connection (FHTC) under Jal Jeevan Mission vide application dated 24/09/2022. Pursuant to that Jal Shakti Vibhag officials visited the spot on 10-08-2022 to install the above FHTC but again some dispute regarding land was arisen at the spot. Hence the department could not be able to install the water connection at the premises of the petitioner. Whereas, Sh. Manohar Lal S/o Sh. Shiv Singh and Sh. Ramji S/o Sh. Rikhi who are resident of Village Talwar Tehsil Sadar Distt. Bilaspur did not allow the respondent department to lay down the pipe through their land to the house of the petitioner and also file Civil Suit No. 131/1 of 2022 and C.S. 130/1 of 2022 respectively before Ld. Senior Civil Judge Bilaspur Distt. Bilaspur for prohibiting the department from laying the pipe line through their land i.e. Khasra No. 70,210 and 272 from existing distribution system of the departmental water supply scheme. Whereas, petitioner Sh. Yogesh Kumar S/o Sh. Shiv Ram had also filled Civil Suit No. 145/1 of 2022 before Ld. Senior Civil Judge Bilaspur Distt. Bilaspur for Mandatory injunction under section 39 of Specific relief act to Jal Shakti Vibhag to Install Water Tap Connection to house situated in Khewat Number 102/86, Khatoni number 115/99, Khasra No. 354/318/213 in village Dohla Barahmana, Tehsil Sadar District Bilaspur (H.P) which was withdrawn by the petitioner on dated 16-11-2024 with intention to file civil writ petition before the the Hon'ble High High Court Shimla. On receipt of CWP copy through e-mail, the Executive Engineer, Jal Shakti Vibhag Division Bilaspur vide his office letter No. JSV-EE-BLP- EA-III-Court Case/2024-15060-61 dated 25-11-2024 requested the Sub-Divisional Magistrate (Civil) Sadar District Bilaspur for spot visit alongwith Police Assistance for installation of FHTC to the house of petitioner. Accordingly, the Sub-Divisional Magistrate (Civil) Sadar District Bilaspur has inspected the spot on dated 29-11-2024 alongwith Assistant Engineer, Jal Shakti Vibhag Sub-Division Kandrour, Junior Engineer, Jal Shakti Section Kandrour, Revenue Patwari concerned, Kanoongo Sadar, Gram Panchayat Pradhan Balh Bhalwana, local resident of village Dohla Brahamana and petitioner Sh. Yogesh Kumar etc. During the above joint inspection, it has been found that there exists local dispute among petitioner Sh. Yogesh Kumar and local resident Sh. 3 Ravinder Kumar and others who are land owners of the land comprised in the proposed route of pipeline to be laid from departmental existing distribution system. Although Sub- Divisional Magistrate (Civil) Sadar Bilaspur has suggested a compromise/solution to both the parties by directing them to do needful within one month time. The proceedings drawn by the joint committee regarding above compromise is annexed as Annexure R-I. As per 19.12.2025, state has been directed to ascertain whether there is any govt. land adjacent to the disputed land from where pipe line can be laid to the house of petitioner. The Assistant Engineer, Jal Shakti Sub-Division Kandrour alongwith Junior Engineer concerned visited the spot as well as perused the revenue paper and it was found there is no govt. land adjacent to the disputed land. In this view of the matter the petition is not maintainable and deserves dismissal in the interests of justice.” 4. This Court is of the considered view that firstly the petitioner has not approached the Court with clean hands as he has concealed the fact that it was on account of some dispute between him and private individual whose land was involved in the proposed route of laying of the pipeline, that the respondent- department was not able to do the needful. Besides this, otherwise also, in the light of the contents of the preliminary submissions, this Court is of the considered view that the present proceedings can be closed with the observations that in the event of any settlement being arrived at between the petitioner and private individual, the respondent-department may proceed accordingly and if there is a feasibility of providing the water connection through the Government land, then also the needful be done by the respondent-Department. 4 5. Petition stands disposed of. Pending miscellaneous application(s), if any, shall also stands disposed of. (Ajay Mohan Goel) Judge September 17, 2025 (ankit)