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2026 DAILYLAW 21657 (HP)

MAM DEEN v. STATE OF HP AND OTHERS

CWP/15204/2026 · 2026-09-01

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.15204 of 2026 Date of Decision: 01.09.2026 _____________________________________________________________________ Mam Deen ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the case of the petitioner, as has been highlighted in the grounds of petition and further canvassed by Mr. N.K. Thakur, learned Senior Counsel duly assisted by Mr. Divya Raj Singh, learned counsel for the petitioner, is that though revenue official, i.e., Patwari of the area concerned, has already submitted report that government land comprised in Khasra Nos. 529/3906 (107-15-00) Hects., 509 (30-14-00) Hects., 519/411 (32-14-00) Hects. and 541/412 (125-18-00) Hects. has been encroached upon by private respondents No. 5 to 15, but yet no steps are being taken by the revenue official for removal of unauthorized encroachment. 2 2. Having regard to the nature of prayer and order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply on behalf of respondents No.1 to 4, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. 3. Careful perusal of averments contained in the petition as well as other material adduced on record clearly reveals that after receipt of complaint with regard to encroachment upon the government land, Patwari of the area concerned visited the spot and found encroachment upon the land. Though afore authority, after measuring the encroached land, made a report to the Tehsildar of the area concerned, enabling him to file appropriate proceedings under the relevant provisions of law for eviction, but fact remains that till date, no proceedings have been initiated against the encroacher, as a result thereof, petitioner is compelled to approach this Court in the instant proceedings. 4. Since documents adduced on record, as have been indicated hereinabove, clearly reveal factum of encroachment upon the government land, this court sees no impediment in issuing directions to the respondents to ensure that appropriate proceedings in the appropriate court of law are initiated against the encroacher for their having encroached upon the land, if not already initiated, expeditiously, preferably within four weeks from today. Needless to say, authority concerned, while doing the needful in terms of instant 3 order, shall afford an opportunity of being heard to the persons, who have allegedly encroached upon the land, and pass appropriate orders. Respondent No.4 is directed to file compliance affidavit after expiry of two months before this Court, detailing therein action, if any, taken by him pursuant to direction contained in the instant order. Pending applications, if any, stand disposed of. 5. List on 03.11.2026. (Sandeep Sharma ) Judge September 01, 2026 (sunil)