Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 37529 (HP)

RAMESH KUMAR AND ANOTHER v. AMANDEEP GARG AND OTHERS

CMP/30910/2025 · 2025-12-19

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

RAMESH KUMAR AND ANOTHER Versus AMANDEEP GARG AND OTHERS CMP-30910 of 2025 in COPC - 70 of 2024 19.12.2025 Present: Mr. Maan Singh, Advocate, for the applicants/petitioners. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the non-applicants/respondents-State. By way of instant application, prayer has been made on behalf of the applicant/petitioner for revival of COPC No.70 of 2024, titled as Ramesh Kumar & another Vs. Amandeep Garg & others, decided on 08.01.2025, for the reason that undertaking given to this Court by learned Additional Advocate General that notification under Section 11 of Land Acquisition Act, if not already issued, shall be issued expeditiously, preferably within a period of two months. Since needful never came to be done, as per undertaking given to this Court, applicant/petitioner has filed this application before this Court for revival of contempt proceedings. Before notices, if any, could be issued in the instant proceedings, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record communication dated 18.12.2025, issued under the signatures of Executive Engineer, Nerchowk Division, HPPWD Nerchowk, to state that papers for acquisition for land were prepared and submitted to the office of Superintending Engineer, 1st Circle HPPWD, Mandi vide letter dated 28.02.2025. However, case was received back with certain observations vide office letter dated 04.03.2025. Since inescapability certificate is required to be attached with the case, communication has already been issued to Deputy Commissioner, Mandi for issuance of inescapability certificate, but the same is still awaited from this office as soon as afore certificate is received from Deputy Commissioner, Mandi, proceedings shall be carried out in accordance with the provisions of Act. Having carefully perused the aforesaid communication, which is taken on record, this Court finds that though steps for acquisition of land of the petitioner, in terms of mandate contained in the judgment, alleged to have been violated, stand initiated, but same have not been taken to their logical end till date for want of inescapability certificate to be issued by Deputy Commissioner, Mandi. In view of the aforesaid directions, nothing remains to be adjudicated in the instant application and accordingly, the same is disposed of with a direction to the Deputy Commissioner Mandi, as detailed hereinabove as well as to respondent/PWD to ensure that after receipt of inescapability certificate, which in any eventuality, shall be issued by the Deputy Commissioner, Mandi within two weeks, Notification under Section 11 of Land Acquisition Act is issued expeditiously, preferably within four weeks. December 19, 2025 (Sandeep Sharma), (sunil) Judge