IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18447 of 2025 Decided on: 27.08.2026 ------------------------------------------------------------------------------------- Akash Sharma …..Petitioner Versus Union of India and Ors. ....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Suneel Awasthi, Advocate. For the Respondents: Mr. Shiv Pal Manhans, Sr. Panel Counsel, for respondent No.1. Ms. Seema Sharma, Deputy Advocate General, for respondents No. 2 to 4. Mr. B.N. Misra, Sr. Advocate with Mr. Sourabh Chand, Advocate, for respondent No.5. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge With the grievance that selection process for allotment of a retail outlet advertised by respondent No. 5 for location ‘in between KM Stone 1 and 2 on MDR 83, Nurpur to Lahru, is halted and respondent No.5 is not proceeding further with the selection process, petitioner has instituted this writ petition. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2. Heard learned counsel for the parties and considered the case file. 3. Respondent No. 5 issued an advertisement on 28.06.2023 for appointment of retail outlet dealerships in State of Himachal Pradesh for several locations, including the location in question, i.e. in between KM Stone 1 and 2 on MDR 83, Nurpur to Lahru. The closing date for furnishing the applications was 17.10.2023. Petitioner applied for the same. Petitioner was selected in draw of lots held by the respondents. Matter was processed further by respondent No.5 for evaluating the land offered by the petitioner for establishing the retail outlet. During such process, on 24.04.2024, the Land Evaluation Committee could not locate the 2 KM milestone on MDR 83 between Chamba Chowk and Lahru and thus could not ascertain as to whether the land offered by the petitioner fell within KM Stone 1 and 2 on MDR 83. Respondent No. 5, vide its letter dated 25.04.2024, requested respondent No.4 i.e the Executive Engineer, HPPWD Division Nurpur, District Kangra, to confirm the location of KM stone 2 and also to verify as to whether the plot No. 496/450/24/2/1 at Mohal Baldun, Tehsil Nurpur, District Kangra offered by the petitioner was with the parameters of advertised location 3 or not. 4. Learned counsel for the petitioner submits that no further action was taken by respondent No. 5 on the allotment of retail outlet to the petitioner despite the fact that land offered by him was within the dimensions of the advertised location. This was despite the fact that on 07.08.2024, respondent No. 4 had furnished the requisite information to respondent No. 5, conveying that the land offered by the petitioner partially lay in KM 1 and 2 and was partially extended beyond 2 KM up to Hadal bridge on right hand side of Nurpur Sadwan Malkwal Sanjha Nallah, road. Learned Senior Counsel for respondent No.5 submitted that inspite of several communications to respondent No. 4, the demarcation was not conducted in accordance with law, in presence of the stakeholders to enable respondent No. 5 to decide as to whether the land offered by the petitioner satisfied the advertised location. Learned Deputy Advocate General placed on record office instructions dated 25.08.2026 from respondent No. 4– the Executive Engineer, Nurpur Division, H.P. Public Works Department, inter alia, conveying that office letter dated 07.08.2024 was issued without 4 conducting demarcation by the concerned Revenue Agency, therefore, the aforesaid letter was withdrawn on 16.09.2024. 5 The short controversy between the parties is as to whether the land offered by the petitioner conforms to the advertised location or not. Learned counsel on both sides are agreeable that this fact can be verified by directing the concerned Revenue Agency and H.P. Public Works Department to jointly hold demarcation in presence of the concerned parties. Learned Deputy Advocate General is also not averse for this exercise to be carried out by the concerned agencies. In view of above, this writ petition is disposed of with direction to the Competent Authority/Assistant Collector First Grade, Nurpur, District Kangra to verify whether Khasra No. 496/450/24/2/1 at Mohal Baldun, Tehsil Nurpur, District Kangra, offered by the petitioner for setting up the retail outlet, falls within KM Stone 1 and 2 on MDR 83 from Nurpur to Lahru, District Kangra as advertised by respondent No.5 for setting up the retail outlet. The demarcation shall be conducted in presence of respondent No. 4- the Executive Engineer, HP PWD Division 5 Nurpur, District Kangra, who shall also provide all due cooperation and assistance in carrying out the demarcation. Petitioner as also authorized representative of respondent No. 5 shall also remain present during the demarcation. The Assistant Collector First Grade, Nurpur shall conduct the demarcation on 07.09.2026. Parties as also all the stakeholders are directed to remain present on the spot at 11:00 a.m. on the scheduled date, which has been fixed with consent of learned counsel for the appearing parties Based upon the demarcation report to be furnished the Assistant Collector First Grade, Nurpur, further necessary action shall be taken by respondent No.5 within three weeks thereafter. Office of learned Advocate General to bring this order to the notice of the Assistant Collector First Grade, Nurpur as also the Executive Engineer, HPPWD, Nurpur Division, District Kangra, for compliance. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua August 27, 2026 Judge R.Atal