2025:HHC:8577-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1528 of 2017 Decided on: 01.04.2025 Hamender Kumar & another … Petitioners Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr.R.L. Chaudhary, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 6-State. Mr. T.S. Chauhan, Senior Advocate, with Mr. Surya Chauhan, Advocate, for proposed legal representatives No.7 (a) to 7 (d). Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have prayed for the following reliefs:- “(i) That writ in the nature of certiorari may kindly be issued, quashing and setting aside the impugned order dated 05.04.2017 (Annexure P-11), since the same has been passed in violation of the provision of Section 30 of the H.P. Nautor Rules, 1968. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondent authorities to cancel the nautor grant to the private respondent No. 7 dated 15.01 1975 in File No. 511/1972 measuring Khasra No. 1403/1389/321 (old) 180 (new) Mohal Behal, since the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:8577-DB said allotment is in violation of H.P. Nautor Rules, 1968 in view of the fact that at that relevant time in terms of Annexure P-1 to P-5. the private respondent No 7 was owner in possession of more than 38 bighas of land in four different revenue villages, whereas the said allotment was made to the private respondent No. 7 being landless person. (iii) That writ in the nature of mandamus may kindly be issued, directing the respondent authorities to remove the encroachment of the private respondent No. 7 from Khasra No. 178/1, 190/1 and 192/1, Kita 3 measuring 1-12-6 bighas in terms of the decision taken by the respondent authorities under Section 163 of the H.P. Land Revenue Act in File No. 2964 of 2002, since the revenue authorities have prepared the false report without evicting the private respondent No 7 from the Government land and till date, the house of the private respondent No. 7 is situated over the said Government land. (iv) That the respondents may kindly be dealt with and punished in AY accordance with law for preparing false report to the effect that they have removed the encroachment from the spot, whereas till date, as per Annexure P-17, the encroachment by the private 3 2025:HHC:8577-DB respondent No. 7 is still existing over the Government land on the spot.” 2. Learned counsel for the petitioners submits that the petitioners are foregoing other reliefs and are praying to the Court that in terms of the stand of the State wherein it stands established that there is an encroachment by the private respondent upon the Government land, interest of justice would be served in case the respondents Authorities are directed to clear the encroachment as early as possible. 3. In the light of the statement made by learned counsel for the petitioners, the petition is allowed to be withdrawn with regard to prayer clauses 1 and 2. 4. With regard to prayer clauses 3 and 4, this petition is disposed of with the direction that in case there is any encroachment upon the Government land by the private respondent, then endeavour be made to remove the same in accordance with law as early as possible. 5. The needful be positively done within a period of six months from today. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 01, 2025 (Rishi)