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2025 DAILYLAW 3182 (HP)

ASHU KUMAR v. APURV DEVGAN AND ANR

COPC/1374/2025 · 2026-06-29

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.1374 of 2025 Decided on: 29th June, 2026 ------------------------------------------------------------------------------------- Ashu Kumar …..Petitioner Versus Sh. Apurv Devgan and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Neel Kamal Sharma, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner alleges breach of following directions issued in Ashu Kumar Versus State of H.P. & Ors.2:- “4. Today, when the matter was taken up, learned Additional Advocate General placed on record instructions dated 17.08.2024 issued from the office of the Deputy Commissioner, Mandi, which, inter-alia, record that twenty numbers of encroachments have been detected upon the land belonging to the Public Works Department. That Field Revenue Agency has completed the demarcation process of the land found to have been encroached upon by twenty incumbents. The encroachment cases have been prepared against the encroachers under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The instructions are further to the effect that process of demarcation for remaining land is going on and would be completed within a week.” 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 CWP No.4596 of 2024, decided on 20.08.2024 2 2. Several status reports/instructions have been placed on record for the respondents in this petition. During today’s hearing, learned Deputy Advocate General has placed on record copy of office letter dated 09.06.2026 from the Sub-Divisional Officer (Civil), Balh, District Mandi, addressed to the Deputy Commissioner, Mandi, conveying as under:- “Subject:- COPC No.1374 of 2025 in CWP No.4596 of 2024- titled as Ashu Kumar Vs Shri Apoorv Devgan and others. Respected Sir, With reference to your office Letter No.MND/DM/ADM/LA/2025-16520 dated 23-05-2026, it is respectfully submitted that a 51 files under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971, have been received from the Assistant Engineer, Dhanotu Sub-Division, HPPWD, Dhanotu, District Mandi, H.P. Out of these, 34 cases have been fixed for 18-06- 2026 for arguments, 14 cases for rebuttal reply, 1 case for reply notice, 1 case for service and 1 case for obtaining records of legal heirs (LRs). Further necessary action in the matter is being taken accordingly.” In view of the action taken by the respondents for removing the encroachments, as pleaded by them in different status reports/instructions, the present contempt proceedings are closed at this stage with hope and trust that the action so taken, shall be taken to its logical conclusion in accordance with law. Notices issued to the respondents are discharged. Liberty is, however, reserved to 3 the petitioner to seek appropriate remedy for the redressal of his surviving grievances, if any, in accordance with law. Jyotsna Rewal Dua June 29, 2026 Judge Mukesh