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2025 DAILYLAW 37527 (HP)

SAVITRI DEVI v. THE STATE OF HP AND OTHERS

CWP/12639/2025 · 2025-11-26

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:40193 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12639 of 2025 Decided on: 26.11.2025 Smt. Savitri Devi … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mrs. Shradha Karol, Advocate. For the respondents : Mr. R.P. Singh, Deputy AG. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “A. Issue a writ of mandamus directing the Respondents to take immediate steps to protect the house of the Petitioner by constructing a RCC retaining wall below the house of the petitioner. B. Issue a writ of mandamus directing the Respondents to build a pakka path to the house of the petitioner from the road.” 2. When this case was listed before the Court on 18.09.2025, the following order was passed:- “Though fresh status report in terms of order dated 21.08.2025 has not been filed, however, learned Deputy 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:40193 Advocate General has placed on record instructions dated 17.09.2025, received from the Executive Engineer, Shimla Rural Division, HP.PWD, Dhani, along-with the report of Assistant Engineer, HP.PWD, Sub Division Dhami is appended, which reads as under:- “I Jitender Kumar Sharma Assistant Engineer HP.PWD, Sub Division Dhami to comply the orders dated 21-08-2025 of Hon'ble High Court passed in the CWP NO. 12639 of 2025, wherein Hon'ble High court has directed to submit the fresh status report. In this context in the continuation of previous report it is submitted that due to prolonged Monsoon season there is delay in the execution of protection work below the house of petitioner as various slides occurred in surrounding area on Khel ka Chaura Baggi road and it is not possible to execute the protection work in this ongoing monsoon. In this regard it is again submitted that once the Monsoon gets over, the protection work will be executed by providing plain cement concrete protection wall, as per the scope of work.” Learned counsel for the petitioner submits that in light of this report it be directed that whenever the Officers visit the spot next to do the necessary work, the petitioner be associated so that the work which is required to be carried out at the spot, 3 2025:HHC:40193 could be demonstrated to the Authority. Ordered accordingly. Now, list on 26.11.2025. Fresh status report be filed, in the meanwhile.” 3. Today, learned Deputy Advocate General has handed over to the Court a copy of instructions received from the Executive Engineer, Shimla Rural Division, HPPWD, Dhami, a perusal whereof demonstrates that the PCC protection wall has been constructed and completed in all respects below the house of the petitioner. This fact is acknowledged by learned Counsel for the petitioner, however, she submits that the Authorities be also directed to provide ingress to the house of the petitioner as was earlier existing so that the petitioner can have access to her house from the public road. 4. Learned Deputy Advocate General submits that this issue will be taken care of by the Authority concerned. 5. Let needful in this regard be positively done within a period of six weeks from today if indeed earlier there was access to the house of the petitioner from the public road. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 26, 2025 (narender)