Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.17895 of 2025
Decided on 01st December 2025 Satish Abrol
…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. Narender Singh Thakur,
Advocate. For the respondents: Mr. R.P. Singh, Deputy Advocate
General. Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has approached this Court praying for the following reliefs:-
“a) Issue appropriate writ, order or direction,
including a writ in the nature of
mandamus, Direct the respondent
authorities to take immediate and
effective action to remove all
unauthorized vehicles, vendors, and
encroachments from the "No Parking
Zone" situated near the leased parking
sites at Suja and Keori (Bir), District
Kangra, H.P.;
2 b) Direct the respondents to provide and
ensure basic amenities, including water
and electricity facilities, at the leased
parking sites in terms of the lease
agreement tender conditions;
c) Direct the respondents to convene a joint
meeting of all concerned departments for
resolving the operational issues being
faced by the petitioner and to ensure
smooth functioning of the leased parking
areas;
d) Direct the respondents to compensate the
petitioner for the financial losses suffered
due to their continued inaction and failure
to discharge their obligations under the
lease agreement or refund the lease
amount to petitioner;
e) Issue appropriate writ, order or direction,
including a writ in the nature of
mandamus, thereby directing the
respondent authorities to take immediate
and effective action against the illegal,
arbitrary, and monopolistic activities of the
local taxi union operating at the tourist
site of Bir, Baijnath, District Kangra,
Himachal Pradesh.”
2. The primary prayer of the petitioner is that recently in an auction he has successfully bid for two parking sites for a period of two years for an amount of Rs.18,60,000/-, but on account of unauthorized parking being permitted by the law enforcers in the no parking zone and on the road side, the
3 same is creating public nuisance as well as causing financial loss to the petitioner, as no one is utilizing his parking. 3.
Learned Deputy Advocate General on the other hand submits that wherever vehicles are being parked in violation of any parking norms, obviously, the owners of the said vehicles shall be dealt with in accordance with law, but, the respondent-authorities are not to facilitate the business of the petitioner and for that he has to find out his own ways and means. 4.
Learned counsel for the petitioner submits that he is also not making a prayer that the respondents should facilitate his business, however, all that he is requesting is that the sanctity of the no parking zone should be maintained and vehicles should not be allowed to be parked in the no parking zone.
5.
Having heard learned counsel for the petitioner as well as learned Deputy Advocate General, this petition is
disposed of with the direction that, in case, indeed a no parking zone has been identified by the Authority, then, it be ensured that no vehicles are parked in the no parking zone. This Court
4 is not passing this direction to favour the petitioner, but, if the authorities have declared a particular area to be a no parking zone, then, they are bound to maintain the sanctity of their
order and ensure that no vehicles are parked in the no parking zone.
6.
With these observations, the petition stands
disposed of, so also pending miscellaneous applications, if any.
7.
At this stage, learned counsel for the petitioner submits that the petitioner has also prayed for issuance of a direction to the authorities to ensure basic amenities in his parking area including water and electricity facility. As far as, this prayer of the petitioner is concerned, the authorities are
directed that, in case, the petitioner has filed any representation or has made any application in this regard, then, the same be dealt with in accordance with law and whatever basic amenities, the petitioner is entitled to, to have in the parking area, be released in favour of the petitioner expeditiously.
(Ajay Mohan Goel)
Judge December 01, 2025 (Vinod)