IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12950 of 2026 Decided on: 05.08.2026 ------------------------------------------------------------------------------------- Pavak Mahajan …..Petitioner Versus State of H.P. & Ors. ....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Imran Khan, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Sikandar Bhushan, Deputy Advocate General, for respondents No. 1 to 3. Respondent No.4 ex-parte. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “(i) Kindly conduct joint measurement of the entire site Occupied by respondent No. 4 and if excess occupation is found, Initiate appropriate action against Respondent No. 4 in accordance with Clauses 34, 35 and 37 of the tender document, including recovery of dues, imposition of penalty, cancellation of allotment and blacklisting, if 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 violations of the tender conditions are found. {ii) Kindly assess and recover the loss caused to the public exchequer on account of the unauthorized occupation of additional public land by Respondent No. 4, in accordance with law. (iii) Kindly ensure strict compliance with the approved layout plan, tender conditions and all applicable statutory provisions governing the conduct of the Minjar Fair.” 2. Following order was passed in this matter on 30.07.2026:- “Notice confined to respondents No.1 to 3 at this stage, which is waived by learned Assistant Advocate General. Petitioner has raised certain issues concerning the organising of the International Minjar Fair at Chowgan, District Chamba, H.P., w.e.f. 26.07.2026 till 09.08.2026. Certain relevant allegations levelled by the petitioner are that: (i) Shops have been erected in breach of the permissible dimensions; (ii) Eatery stalls are being installed at prohibited places; and (iii) The minimum clear space of 15 feet between two rows of shops is not being maintained. (iv) The bidders are covering/occupying area in excess of the allotted area. All this, is not only causing revenue loss to the Minjar Fair Committee, but could also prove to be a safety and security hazard for the public at large. Apart from being illegal and unauthorised, it is also contrary to the allotment/tender conditions. Let respondent No. 2 examine the grievances of the petitioner and the allegations levelled therein, take immediate corrective measures, if required, 3 and submit status report by the next date List on 03.08.2026. CMP No. 19212/2026 In view of above order, the instant application is disposed of as not pressed at this stage. CMP No. 19214/2026 The application is disposed of with a direction to the applicant/petitioner to file translated copy of the documents in issue before the next date of hearing.” 3. Pursuant to above, learned Deputy Advocate General has placed on record detailed office instructions dated 03.08.2026 from the Deputy Commissioner Chamba, District Chamba, H.P. conveying that in compliance to the order dated 30.07.2026 passed in this writ petition, the Sub Divisional Officer (Civil)-cum-Convenor, Teh Bazari Committee Chamba, was directed to constitute a Technical Committee comprising competent technical officers for conducting a comprehensive physical inspection and verification of all temporary structures erected by the successful bidders in Chowgan Nos. 1 and 2, during International Minjar Fair-2026. The Committee was accordingly constituted, consisting of two technical members and one revenue officer. A detailed inspection report dated 01.08.2026 was furnished by the Committee. Copy of the Joint Inspection Report dated 01.08.2026 has 4 also been made part of the office instructions. Report submitted by the Sub Divisional Officer (C) Chamba Chowgan ‘The Bazari’ Committee Minjir Fair, Chamba has also been appended alongwith the office instructions. In terms of the office instructions, wherever deviations were noticed, immediate corrective and punitive measures were taken in accordance with the tender conditions. The office instructions are also to the effect that the successful bidder was allotted the entire structure on a lump-sum contractual basis and not on the basis of individual shop measurements; Consequently, the contractual amount payable to the Minjar Fair Committee remained unaffected and no financial loss has been caused to the Committee on account of some deviations; No eatery stall has been established at any prohibited location; All eatery stalls were found to be functioning strictly within the places earmarked by the Teh Bazari Committee under the approved layout plans; All three principal entry and exit passages were found to maintain the prescribed clear width of 15 feet and the pole-to-pole spacing also substantially conformed to the approved design; Though, at certain places, temporary narrowing of passage was noticed due to shopkeepers displaying merchandise beyond 5 their allotted area; This deviation was not structural in nature, but was attributable to the individual vendors; Immediate directions were issued on the spot requiring removal of the encroachments which were complied forthwith, restoring the prescribed clear passage; In respect of Structure No.1 and the German Hangar at Chowgan No.2, prescribed clear passage of 15 feet had not been maintained strictly in terms of the tender document; However, overall dimensions of these structures were comparatively smaller than the allotted area and adequate open space remained available for the pedestrian movement, emergency access and crowd management: No obstructions affecting ingress, ingress or public safety was noticed during inspection; Outer structural framework of Structure No.2 marginally exceeded the approved dimensions, but the Committee found that the additional covered area had not been utilized for installation of any shop, commercial activities or revenue generation; The additional space was kept vacant and reserved exclusively for public movement in accordance with the directions issued by the Teh Bazari Committee; Consequently, no commercial gain accrued to the successful bidder on account of the deviations. The office instructions are also 6 to the effect that on receipt of inspection report, penalty of Rs.2,00,000/- was imposed upon the successful bidder; Simultaneously, directions were also issued requiring removal of all rectifiable deficiencies, relinquishment of the encroached space and complete prohibition of any commercial activity in the additional area; The successful bidder complied with the directions and the deficiencies capable of rectification, were removed; That continuous monitoring of the fair premises had been undertaken by the Teh Bazari Committee to ensure continued compliance. 4. At this stage, learned counsel for the petitioner sought permission to withdraw the writ petition on the ground that petitioner intended to institute a Public Interest Litigation on the cause raised in this writ petition. Accordingly, the present writ petition is dismissed as withdrawn. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua August 05, 2026 Judge R.Atal