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2025 DAILYLAW 26894 (HP)

KHEM RAJ v. THE STATE OF HP AND OTHERS

CWP/15848/2025 · 2025-10-08

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15848 of 2025 Decided on 08th October, 2025 Khem Raj …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. Subhash Chander, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- A. “That in the above premises, this Hon'ble Court is humbly requested to issue a writ of mandamus directing the Respondent(s) No. 01 to 06, to immediately remove all illegal encroachment(s) && unauthorized construction(s) falling within the public path as per revenue records i.e. Annexure P-3, by conducting demarcation of the same for the purpose of construction of Road, as due to these illegal encroachment(s) & construction(s) the Public path as well the construction of ambulance road is being obstructed intentionally i.e. Annexure P-4, & is required to be removed immediately, to do the substantial justice to the parties in lis, in the interest of Justice. AND B. That this Hon'ble Court further requested to issue the appropriate Writ(s), Order(s) or Direction(s) to the respondent(s) to the respondents to take appropriate 2 action for removing the encroachments & illegal constructions upon Khasra numbers as mentioned in Annexure P-3, immediately, & legal action may please be taken upon encroachers for creating obstruction/hindrance for constructing Ambulance Road from Dhar Kenchi to Village Chalawag, under "Scheduled Caste Development Programme" [SCDP], in the interest of Justice. AND C. That this Hon'ble Court may please issue further directions to the Respondents to construct & maintain the ambulance road as per the proposed road plan & revenue record ensuring proper width (03 to 05 meters) for ambulance passage, for proving the basic facilities to the villagers under abovementioned scheme, in the interest of justice. AND D. That this Hon'ble Court may further Direct the Respondents to take preventive measures to ensure no further encroachment on the Government Land/Panchayat's Land in future by making some extra ordinary steps for the welfare of State. E. That this Hon'ble Court humbly requested to issue the directions to the respondent(s) to produce the entire record qua the case of present petitioner, unto this Hon’ble Court to do substantial justice.” 2. Learned counsel for the petitioner submits that at this stage, the petitioner shall be satisfied in case a direction is issued to the authority concerned to decide the representation which have been filed, copy whereof is appended with the petition as Annexure P-4, within some reasonable time. 3. Learned Additional Advocate General submits that the representation if not decided shall be decided in eight weeks in accordance with law. 3 4. Taking on record the statement of the learned Additional Advocate General, this petition is disposed of by observing that let the appropriate authority take a call on the representation in accordance with law within a period of eight weeks. It is clarified that this Court has not made any observation as far as the merits of the case or the contents of the representation are concerned and the representation be decided uninfluenced by the observation made by the Court. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge October 08, 2025 (Vinod)