Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 19672 (HP)

NITIN KUMAR v. THE STATE OF HP AND OTHERS

CWP/13127/2026 · 2026-08-12

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.13127 of 2026 Decided on: 12.08.2026 ------------------------------------------------------------------------------------- Nitin Kumar …..Petitioner Versus State of HP & Ors. ....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ankit Dhiman, Advocate. For the Respondents: Mr. Sikandar Bhushan, Deputy Advocate General for respondents No. 1 to 11. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner has alleged the existence of encroachments in the alignment of ambulance road for Village Chemeri, Post Office Baror, Tehsil and District Chamba. According to the petitioner, no action has been taken by the respondents for removing the encroachments from the alignment. 2. Pursuant to the directions issued in the order dated 03.08.2026, the Additional Deputy Commissioner 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Chamba, has filed instructions dated 08.08.2026. Learned Deputy Advocate General submits that the same be treated as reply to the writ petition. In terms of these instructions, demarcation of the land in question was conducted by Tehsildar-cum-Assistant Collector First Grade Chamba, (respondent No 6). During the course of demarcation, encroachments upon Government land, recorded in the ownership of State of Himachal Pradesh and under possession of Public Works Department, were detected. Accordingly, six eviction cases have been instituted against the concerned encroachers under Sections 4 and 5 of the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 in the Court of competent jurisdiction. The said proceedings are stated to be at the stage of framing of issues. In terms of instructions, the eviction proceedings are being taken up on priority and efforts are being made by the competent authority to ensure their expeditious disposal in accordance with law. 3. Learned counsel for the petitioner submits that there are certain other encroachments as well in the alignment of the ambulance road. 4. In view of above, this writ petition is disposed of with hope and trust that the competent authority shall 3 decide the eviction proceedings against the alleged encroachers expeditiously. Earnest efforts be made to decide these proceedings within six months. Petitioner shall be at liberty to represent to the competent authority about existence of any other encroachment existing in the area in question. Appropriate action thereupon shall be also taken by the competent authority in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua August 12, 2026 Judge R.Atal