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2026 DAILYLAW 24563 (HP)

THE GAGAL PRIME LAND LOOSER v. STATE OF HP AND OTHERS

CWP/3866/2024 · 2026-09-22

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3866 of 2024 Date of Decision: 22.09.2026 _____________________________________________________________________ The Gagal Prime Land Looser ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Jagat Pal, Advocate. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondents No.1 & 2. Mr. Virender Thakur, (Deputy Manager Legal) company representative with Mr. Kulwant Chauhan, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for the following main reliefs:- "a. That the Respondents No. 1 & 2 may very kindly be directed to allot the work of transportation of cement and clinker to the petitioner society being land loosers and affected persons in the interest of justice. b. That the respondent No.2 may very kindly be directed to maintain law and order in case the respondent No.3 allot the work of allot the transportation work of cement and clinker in favour of the petitioner society." 2 2. Pursuant to notices issued in the instant proceedings, respondent No.3-ACC has filed its reply, wherein, in para 4, it has stated as under: "That the replying respondent wants to submit here that petitioner society vide letter dated 21.02.2020 has agreed and made a commitment to reduce the transportation rates by 10% from the existing rates in case transportation work is granted to them. Therefore, in view of the commitment made by the petitioner, replying respondent have no objection but with a condition that the land and order is to be maintained by Deputy Commissioner, Bilaspur, H.P. 3. Careful perusal of aforesaid reply filed by respondent No.3 suggests that petitioner-society itself, vide letter dated 21.02.2020, has agreed to reduce transportation rates by 10% from the existing rates in the event of transportation work being allotted to it. While responding to the aforesaid proposal of the petitioner, respondent-ACC has stated that it has no objection to allot the work on the agreed rates, but with a condition that law and order is to be maintained by Deputy Commissioner, Bilaspur. 4. Mr. Rajan Kahol, learned Additional Advocate General, fairly states that otherwise it is the duty of the district administration to maintain law and order situation. 5. Consequently, in view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to the petitioner-society to honour its 3 commitment given vide letter dated 21.02.2020, wherein it has agreed to reduce transportation rates by 10% from the current rates in the event of its being awarded transportation work. Respondent No.3 is also directed to ensure that transportation work is granted to members of petitioner-society on the current rates without disturbing the quota of other societies already work with respondent No.3- company. The petition stands disposed of in the aforesaid terms. along with all pending applications. (Sandeep Sharma ) Judge September 22, 2026 (sunil)