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2026 DAILYLAW 10463 (HP)

ATUL AGGARWAL v. STATE OF HP AND OTHERS

CWP/8509/2026 · 2026-05-26

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8509/2026 Decided on: 26.05.2026 Atul Aggarwal …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Karan Singh Kanwar, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 to 6, 8 to 10, 13 & 14. Mr. Shivank S. Panta, Advocate, vice Mr. Surender Sharma, Advocate for respondent No.7. Jyotsna Rewal Dua, J. This writ petition has been filed for the grant of following substantive reliefs: - “(i) Issue a Writ of Certiorari or direction in the nature of Writ of Certiorari quashing/setting aside order dated 4.5.2026 (Annexure P-24) passed by the respondent no.13 in Case No. 1/2024 with a further direction to the respondents to eject the respondent no.11 and 12 from government land on account of the encroachment made by them. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 (ii) Issue a Writ of Mandamus or direction in the nature of Writ of Mandamus directing the respondents no. 1 to 10 and 13 to remove the illegal encroachment made by the respondent no.11 and 12 from the land comprised in Khata Khatauni No. 2/3 Khasra No. 61/21 as per Jamabandi for the year 2012-13 of Mauja Nad Chyali, Tehsil Pachhad, District Sirmaur, Himachal Pradesh after demolition of the structure raised by the respondent no.11 over the aforesaid encroached land and in the alternative speed up ejectment proceedings against the respondent no.11 from the land mentioned above and finish and conclude the same in a time bound manner. (iii) Issue a Writ of Mandamus or direction in the nature of Writ of Mandamus directing the respondents to reject the nomination submitted by the respondent no.12 for contesting the Panchayati Raj elections for the post of Pradhan of Gram Panchayat Bagthan; holding that she is disqualified for contesting the same. (iv) Issue a Writ of Mandamus or direction in the nature of Writ of Mandamus directing the respondents no. 1 to 10 and 13 to 14 to take all appropriate actions available in law against the respondent no.11 and 12 in accordance with law including initiation of proceedings misrepresentation and committing fraud at the time of filling nomination for the post of Pradhan Gram Panchayat Bagthan. (v) Issue a Writ of Mandamus or direction in the nature of Writ of Mandamus directing the initiation of appropriate action in law against the officers who have till now shielded the respondent no.11 and 12 and have failed to take any action against the respondents no.11 and 12 despite the fact that the encroachment made by the respondent no.11 and 12 has been in the knowledge and notice of the respondents since a long time and the reports and material conclusively show that the respondent no.11 and 12 have encroached upon Government land and have taken illegal benefits.” 3 2. After arguing the matter for some time, learned counsel for the petitioner sought permission to withdraw the instant petition as the petitioner intends to avail appropriate remedy as may be available to him in-law against all the respondents for the redressal of his grievances raised in this writ petition including against the order dated 04.05.2026 (Annexure P-24) passed by the learned Assistant Collector First Grade, Pachhad District Sirmour, Himachal Pradesh. 3. Granting permission as sought for, the instant petition is disposed of as withdrawn. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 26th May, 2026(rohit)