IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1651 of 2024 Decided on 03rd July 2025 Jagdev Singh …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. Ajay Sharma, Senior Advocate, with Mr. Aditya Chauhan, Advocate. For the respondents: Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1 to 4. Mr. Divya Raj Singh, Advocate, for respondent No.5. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following reliefs:- “(a) That impugned actions of the official respondents, which amount to executive inaction, may very kindly be quashed and set aside wit directions to them to immediately and forthwith evict the writ doers, encroachers, on the Government land and shareaam- rasta, i.e. Khasra No.3161 and 3177, above stated, and justice may be done. (b) That official respondents may very kindly be directed to initiate proceedings against the Government officers/officials who are responsible for not initiating action against the encroachers of Government land, for misconduct as per provisions of the service jurisprudence and with directions to place 2 on record of this case the Action Taken Report so that he same may be an eye opener for others.” 2. When the case was taken up on 16.05.2025, this Court passed the following order:- “By way of this writ petition, the petitioner has prayed for the following reliefs:- (a) That impugned actions of the official respondents, which amount to executive inaction, may very kindly be quashed and set aside wit directions to them to immediately and forthwith evict the writ doers, encroachers, on the Government land and shareaam- rasta, i.e. Khasra No.3161 and 3177, above stated, and justice may be done. (b) That official respondents may very kindly be directed to initiate proceedings against the Government officers/officials who are responsible for not initiating action against the encroachers of Government land, for misconduct as per provisions of the service jurisprudence and with directions to place on record of this case the Action Taken Report so that he same may be an eye opener for others. The stand of the Authorities is that the encroachment of the private respondent on the said land stands remove. This is seriously objected to by learned Senior Counsel appearing for the petitioner who submits that there the encroachment of the private respondent upon khasra Nos. 3161, 3177, 3178 has not been removed by the authorities concerned. Taking into consideration the fact that there is an admission on the part of the Authorities qua the encroachment upon the Government land, respondent No.3 is directed to personally visit the spot and file his personal affidavit as to whether the encroachment of the private respondent from the khasra numbers in dispute i.e. 3161, 3177 etc. has been removed or not. As prayed for, list on 20.06.2025.” 3 3. Today learned Senior Counsel for the petitioner has referred to the affidavit filed by Sub Divisional Officer (Civil)-cum- Collector, Sub Division Amb, dated 17.06.2025 and by placing reliance thereon, learned Senior Counsel has submitted that the Officer concerned has pointed out that still there were certain encroachments on Khasra No.3161, 3177 and 3178, out of which encroachment upon Khasra No.3177 by the petitioner as well as private respondents has been removed. Learned Senior Counsel stated that with regard to other encroachments, Department had started the process to initiate proceedings under Section 163 of the H.P. Land Revenue Act and it be observed that State may expeditiously do the needful. 4. Learned Senior Counsel further submitted that as now it is evident that the affidavit filed by Tehsildar in the Court to the effect that there were no encroachments, was a false affidavit, appropriate action be initiated against him. 5. Be that as it may, taking into consideration the affidavit of the Sub Divisional Magistrate concerned, these proceedings are disposed of with a direction that the process that has been initiated against the encroachers or is being intended to be initiated against the encroachers, be initiated forthwith and be taken to its logical conclusion in accordance with law as expeditiously as possible. This 4 of course is subject to the legal rights of the alleged encroachers. 6. This Court further observes that the Officers should be very very careful before filing the affidavit in the Court about the correctness of the contents thereof and though this time, this Court is not making any observation with regard to the affidavit filed by the Tehsildar, but hereinafter if the Officer concerned is found to be filing incorrect or false affidavit in the Court, then the Court would not hesitate from initiation action against him. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 03, 2025 (Vinod)