2025:HHC:2872 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2264 of 2025 Decided on: 22.08.2025 Mahesh Upadhyay … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 No _____________________________________________________ For the petitioner : M/s D.N. Sharma and Rohit Chauhan, Advocates. For the respondents : Mr. Sumit Sharma, Deputy Advocate General for respondents No. 1 to 4. : Mr. H.S. Rangra, Advocate for respondent No. 5. : Mr. B.S. Attri, Advocate for respondents No. 6 and 7. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for issuance of a direction to the authorities to remove the alleged encroachment of the private respondents upon the land of Chippnu nullah, denoted by Khasra No. 87, in Mandi town, District Mandi, H.P. as well as for issuance of a direction to the respondents not to lay sewerage pipeline through Khasra No. 87 till channelization of Chippnu nullah is complete. Further a direction has been sought for the construction of retaining wall for the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:2872 channelization of said nullah and to divert the flow of this nullah from Khasra No. 85 to Khasra No. 87 so that the land of the petitioner can be saved. 2. The response filed to the writ petition by the respondents-State on the affidavit of the Deputy Commissioner, Mandi, inter alia demonstrates that the spot was visited by the Tehsildar (Sadar), Mandi and he also conducted demarcation of the Khasra No. 87. The parties were associated in the course of said demarcation and the demarcation report is also appended with the reply as Annexure R-1 which is dated 18.03.2024. It is further mentioned in the reply that in terms of the demarcation report, construction over Khasra No. 146 has been raised by Smt. Sahib Kaur through power of attorney holder Sh. Satvinder Pal Singh, which is adjacent to Khasra No. 87. No debris was found thrown by Smt. Sahib Kaur on the government land, i.e. Khasra No. 87. Further, in terms of the demarcation report, it was found that nullah had deviated from its actual channel and was found running through Khasra Nos. 70, 73, 74, 76 and north east boundaries of Khasra No. 85, which is owned by the present petitioner. In terms of the report, debris of clay, stone and sand was found on the spot on khasra No. 86, 75 and 85. It is further mentioned in the reply of the respondents that respondent No. 7 Rajesh Kumar had encroached upon government land to the extent of 40 decimeters in the shape of 3 2025:HHC:2872 a danga, which was removed on the spot and statement of Rajesh Kumar was also recorded which also has been placed on record as Annexure R-II. It is further stated in the reply that for the restoration of the nullah to its original position, an estimate was prepared for an amount of Rs.37.69 Lac, which was sent to the Principal Secretary (Urban Development) on 07.10.2022 and as and when funds will be sanctioned, the restoration work will be started. 3. Though, learned Counsel for the petitioner has disputed the correctness of the response filed by the State, this Court has no reason to doubt the correctness of the same as the same has been filed on the affidavit of the Deputy Commissioner, Mandi. In light of the fact that the allegations against the private respondents do not have any merit in terms of the response filed by the State, no observation is being made qua that, save and except that in case, the petitioner is still of the opinion that said persons have encroached upon the government land, then he may approach the appropriate authority in accordance with law but such grievance cannot be redressed by this Court under Article 226 of the Constitution of India. 4. 4. As far as demand of restoration of nullah is concerned, as the State has admitted in their reply that an estimate for restoration thereof has been prepared and sent to the Principal Secretary (Urban Development) to the Government of H.P. as far 4 2025:HHC:2872 back as in the year 2022, this Court is of the considered view that it would be in the interest of not only the petitioner but other residents of the nearby area also that restoration work of the said nullah is done forthwith so that remedial measures are taken at the earliest. In fact, otherwise also, in light of the havoc that has been caused by the monsoons this year in Mandi District, it is in the larger interest of the residents of the area that when State itself has found that the restoration of nullah requires to be carried out, same is done at the earliest. 5. Accordingly, in view of above discussion, this writ petition is disposed of with the direction that let the restoration work of the nullah be undertaken immediately after the monsoon season is over and it be ensured that the same is completed within some reasonable time as delay in initiation and completion of said work, may not only lead to major disaster but otherwise also it will lead to increase in cost of construction. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge August 21, 2025 (narender)