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2025 DAILYLAW 3115 (HP)

BALAM RAM v. THE STATE OF HP AND OTHERS

CWP/3559/2025 · 2026-06-19

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3559/2025 Decided on: 19.06.2026 Balam Ram …..Petitioner Versus State of H. P. & Ors. ......Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Bimal Gupta, Sr. Advocate with Mr. Srigun Singh Negi, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 6. Mr. Ashok Kumar, Advocate for respondents No.8 & 9. Jyotsna Rewal Dua, J. This writ petition has been filed for the grant of following substantive reliefs: - “(i) That writ of mandamus may kindly be issued, directing the respondent authorities to take action against the offenders including private respondents for committing offence of illegal mining in terms of the notification dated 18.08.2022 (Annexure P-7). ii) That writ of mandamus may kindly be issued, directing the respondent authorities i.e. Respondent No. 1 to 3 to decide the complaint of the petitioner Annexure P-4 by taking into consideration 1 Whether reporters of the local papers may be allowed to see the judgment? 2 notification dated 18.08.2022 (Annexure P-7) within a time bound manner. iii) That writ of mandamus may kindly be issued, directing the respondent authorities to take action against Respondent No. 4 to 7 for dereliction of their duty, whereby they have not taken any action till date against the private respondents in terms of the notification dated 18.08.2022 (Annexure P-7, although, the private respondents have specifically admitted their illegal mining act before Respondent No. 4 to 7.” 2. After arguing for a while, learned Senior Advocate for the petitioner submitted that the petitioner has an additional grievance relating to illegal mining allegedly being carried out by respondents No. 8 & 9, however, the petition lacks material pleadings, particulars and documents in that regard. For want of effective pleadings on the aforesaid issue, the respondents have also confined their pleadings in their respective reply(s) to FIR No. 61/2023 dated 24.03.2024 registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., under Section 379 of the Indian Penal Code. Therefore, at this stage, the petitioner has requested that he be permitted to withdraw the instant writ petition with liberty to file afresh, in accordance with law, with appropriate pleadings, giving material particulars and documents in support of petitioner's grievances relating not only to the above FIR, but also concerning petitioner's grievance against illegal mining carried out by the private respondents. 3 Learned counsel for the respondents have no objection to the above prayer. 3. Keeping in view the above submissions and also in the interest of justice, the petitioner is permitted to withdraw the instant writ petition with liberty, as prayed for. Pending application(s), if any, also stand disposed of accordingly. Jyotsna Rewal Dua Judge 19th June, 2026 (rohit)