Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 12626 (HP)

PAWAN KUMAR v. STATE OF HP AND OTHERS

CWP/1843/2026 · 2026-06-22

Jyotsna Rewal Dua

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1843 of 2026 Decided on: 22nd June, 2026 ------------------------------------------------------------------------------------- Pawan Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Devender K. Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The grievance of the petitioner was noticed as under in the order dated 14.05.2026:- “Heard for some time and considered the case file, including the pleadings and the instructions dated 11.05.2026 placed on record by the respondents-State. 2. It appears that the petitioner is not receiving drinking water supply to his house on account of certain disputes between him and the villagers. In terms of the instructions placed on record by the respondents, a spot report was prepared by the officials of Jal Shakti Vibhag on 02.03.2026, as per which the villagers/land owners had collectively refused to permit repair/ restoration of the pipelines crossing through their private land. The villagers are reported to have stated during the inspection that, in case the petitioner reopens 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 the pathway, which according to them had been closed by him, they would permit restoration of the pipelines. 3. Learned counsel for the petitioner, while inviting attention to the photographs at pages 96 and 97 of the paper book, submits that the path had not been deliberately blocked by the petitioner, but had been damaged due to incessant rains. Learned counsel further submits that the petitioner is ready and willing to provide one meter of land for restoration of the path for the houses of the villagers. 4. Keeping in view the nature of the dispute, the Deputy Commissioner, Chamba, District Chamba, is directed to make an effort to resolve the issues in reference between the petitioner and the villagers in order to restore the path for the villagers as also to ensure continuous drinking water supply to the petitioner. For this purpose, Deputy Commissioner, Chamba, District Chamba, may visit the spot, convene meetings of all stakeholders, including the petitioner, by associating the villagers of Village Bari, Post Office Bharmaur, Tehsil Bharmaur, District Chamba, H.P., after issuing due notice to all concerned. Earnest efforts be made to resolve the matter. Report in this regard be submitted by the next date of hearing. List on 18.06.2026.” 2. Pursuant to above, learned Assistant Advocate General placed on record detailed instructions dated 02.06.2026 from the office of Deputy Commissioner, Chamba. Taking note of the same, following order was passed in the matter on 18.06.2026:- “Pursuant to detailed order passed in this matter on 14.05.2026, learned Assistant Advocate General has placed on record instructions dated 02.06.2026 from the office of Deputy Commissioner, Chamba, H.P. In terms of aforementioned instructions, Deputy Commissioner, Chamba, had constituted a committee under the Chairmanship of Additional District Magistrate, Bharmour, District Chamba, H.P. on 19.05.2026 for resolving the issue and submit an Action 3 Taken Report. Pursuant thereto, Additional District Magistrate, submitted his report on 21.05.2026. In terms of the report, joint site visit was conducted on 21.05.2026 in presence of all stake holders including officials of concerned departments. During the visit, both parties i.e. villagers as also the petitioner mutually agreed upon the matter and it was decided that petitioner shall leave the required space for the pathway from his private land. The land to be left for the pathway was measured and mutually agreed upon by both the parties. Same was also marked with benchmark rods at the spot. It was also decided that villagers will permit repair/restoration of the pipeline after demolition/removal of the existing wall by the petitioner. Thereafter, water connection shall be restored in favour of the petitioner through existing alignment. The efforts made by the respondent- District Administration for resolving the issue are appreciated. Learned counsel for the petitioner submits that petitioner has already removed existing wall and has also provided land for the pathway. The pipeline is already in existence; only water connection is required to be restored. Let needful be done by the official respondents by providing water connection to the petitioner by the next date. List on 22.06.2026.” 3. During the course of today’s hearing, learned Assistant Advocate General placed on record instructions dated 20.06.2026 from the Executive Engineer, Jal Shakti Vibhag, Division Bharmour, District Chamba, conveying that water supply connection of the petitioner has now been restored through the existing alignment in accordance with the terms agreed in the joint visit that was carried out on 21.05.2026. 4 4. Learned counsel for the petitioner acknowledges the above fact and submits that the respondents have now provided water supply connection to the petitioner. Accordingly, the present writ petition to stand disposed of as the grievance of the petitioner has now been redressed by the respondents. The efforts made by the respondents in resolving the grievances of the petitioner vis-à-vis villagers are duly appreciated. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua June 22, 2026 Judge Mukesh