IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13980 of 2024 Decided on: 25.02.2025 Surinder Chauhan and another … Petitioners Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ For the petitioners : Mr. Shrawan Dogra and Mr. B.M Chauhan, Senior Advocates, with Mr. Abhishek Thakur, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have prayed for the following reliefs:- a) “That writ of mandamus may be issued against the respondent No.2, directing to construct the ambulance road from point A to B as shown in the Annexure P-1 from Kiari to lower Bhuila through Khasra Nos. 134/1, 130, 132, 123, 126, 142, 130, 140, 145, 150, 133 and 175 situated at up-mohal Ganni, Tehsil Kotkhai, District Shimla, H.P. b) Direction may be issued to the respondents No.1 to 4 to persuade the respondent No.5 to 8 to surrender their encroachment over the public path bearing Khasra Nos. 134/1, 130, 132, 123 situated at up-mohal Ganni, Tehsil Kotkhai, District Shimla, H.P. for the construction of ambulance road in the interest of parties herein, failing which direction be issued to initiate the encroachment proceedings on day-to-day basis.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. When the case was listed before the Court on 09.01.2025, the following order was passed:- “Pursuant to order dated 29.11.2024, learned Additional Advocate General has placed on record communication dated 7.1.2025, issued under the signature of Deputy Commissioner, Shimla, District Shimla, Himachal Pradesh, perusal whereof reveals that total length of proposed road is 500 meters and width of the same is 1 meter. Though in revenue record, path has been shown to be of 3 meters but same has been encroached by the local people. Sub Divisional Officer (Civil) Kotkhai vide letter dated 7.1.2025, addressed to Deputy Commissioner, Shimla has reported that as per report of Tehsildar, Kotkhai, spot demarcation of Khasra Nos. 123, 132, 134/1 and 139, kita-04 area measuring 0-06-02 hectare was conducted on 1.1.2025 by the Field Kanungo and Halqa Patwari and it was found that Khasra Nos. 123, 132 and 139, kita 03 are in the ownership of government and have not been encroached. However, on Khasra No. 134/1, which is also government land, encroachment has been found to be made by Sh. Naresh, S/o Mela Ram, R/o Village Bagain Jubber, P.O. Ghaleya, who has constructed a house. After having detected encroachment on the Government land, action already stands initiated against the encroacher under Section 163 of H.P. Land Revenue Act 1954. Though perusal of aforesaid instructions reveals that save and except, encroachment made by person namely Naresh, there is no other impediment in construction of ambulance road, but learned senior counsel appearing for the petitioner states that before passing further order, one opportunity may be granted to the petitioner to verify the factual position on the spot and persuade the encroacher to remove the encroachment immediately so that no further delay is caused in construction of the ambulance road. Learned counsel for the petitioner prays for and is granted four weeks’ time to have instructions. List on 25.2.2025.” 3 3. Today, learned Senior Counsel for the petitioner on instructions submits that Mr. Naresh S/o Mela Ram, R/o village Bagain Jubber, P.O. Ghaleya, has been persuaded to remove the encroachment so that the ambulance road can be constructed and he has assured that the encroachment shall be removed by him. Learned Senior Counsel further submits that in the light of the said development, interest of justice would be served in case this petition is disposed of with the direction that now let the construction of ambulance road be completed by the Authorities as expeditiously as possible. 4. In the light of the said developments this writ petition is disposed of with the direction that immediately after the removal of the encroachment by Sh. Naresh let the construction/completion work of the ambulance road be immediately taken up, expeditiously and completed within a period of three months thereafter. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge February 25, 2025 (Vinod)