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2026 DAILYLAW 25073 (HP)

BHIM SINGH v. SAURABH THAKUR

COPC/1102/2026 · 2026-09-29

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA COPC No. 1102 of 2026 Decided on : 29 th September , 2026 Bhim Singh ...Petitioner. Versus Saurabh Thakur ....Respondent. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Ms. Vandana Thakur, Advocate. For the respondents: Ms.Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge. Petitioner alleges breach of following directions issued in Bhim Singh vs. State of H.P. & others2:- “4. Having regard to above submissions, but without examining the merits of the matter, this writ petition is disposed of with direction to respondent No.4/competent Authority to take appropriate call upon the representations of the petitioner Annexure P-6, resolution dated 03.01.2026 passed by the Gram Panchayat (Annexure P-5), report of Patwari (Annexure P-4) and also notification dated 13.10.2023 (Annexure P-3) within eight weeks in accordance with law. The decision be also communicated to the petitioner.” 2. Respondents have filed compliance affidavit inter alia, pleading as under:- “3. That this Hon’ble Court, while disposing of CWP No. 7773 of 2026 on 18.05.2026, directing respondent to consider the petitioner’s representations (Annexure P-6, the Gram Panchayat Resolution dated 03.01.2026, the Patwari’s report and the notification dated 13.10.2023, and to take an appropriate decision within eight weeks in accordance with law. 4. That the work-related to the constriction of P/path and PCC wall main road to house of Bhim Singh, Upper Beri was resolute by the Gram Panchayat Beri on dated 27-07-2026 and has sent to 1 Whether reporters of the local papers may be allowed to see the judgment? 2CWP No. 7773 of 2026, decided on 18.05.2026. 2 BDO office, Dharampur for approval. (Copy of resolution is Annexure -R-1). After that the respondent has accord the sanction vide sanction no. 2892 dated 30-07-2026 (Copy of sanction order is Annexure-R-2) and thereafter, estimate of work was prepared and muster roll has been issued on dated 12/08/2026 (Copy of muster roll is Annexure -R-3). After that, the correspondence for procuring of material has been done vide bill No. 19 dated 14/08/2026. (Copy of material list is Annexure-R-4). 3. Following order was passed in this matter on 10.9.2026 noticing the objection raised by learned counsel for the petitioner: “Respondents have placed on record compliance affidavit. Learned counsel for the petitioner invited reference to para-4 of the compliance affidavit and submitted that despite measurement taken by the respondent, actual work has not commenced on the site. Let learned Assistant Advocate General to have instructions about the utilization of the sanctioned amount appropriately in accordance with law and commencement of the work. List after two weeks when fresh instructions shall be placed on record.” Pursuant to the above directions, learned Deputy Advocate General has placed on record office instructions dated 28.9.2026 from Block Development Officer, Development Block Dharampur, Mandi, District Mandi, H.P., which read as under:- Subject:- COPC No. 1102/2026 In CWP No. 7773/2026-titles as Bhim Singh Versus Shri Saurabh Thakur Respected Sir Kindly referred to your office letter no COPC- 1102/2026 dated 11/09/2026 on the subject cited above it is submitted that as per the instruction given by Hon'ble High Court of Himachal Pradesh regarding utilization of sanctioned amount appropriately in accordance with law and commencement of work. In this regard it is submitted that 29 (Twenty nine) person days vide 3 muster roll no has been genertaed till date and the work is running at this time at site. It is further submitted that 90 | Ninety) bags of cement amounting Rs. 34736 (Thirty four thousand seven hundred thirty six) has been also purchased. This is for your kind information and further necessary action please. Your’s Faithfully, Sd/- Block Development Officer Development Block Dharmapur, Mandi District Mandi (HY.P.)” In terms of the above office instructions, 29 person-days muster roll stands generated as on date; 90 bags of cement worth Rs. 34,736 have also been purchased; Work is still going on at the site. 4. In view of above office instructions and also the compliance affidavit filed by the respondents, at this stage, there cannot be said to be breach of directions issued in Bheem Singh's case. Accordingly, the present contempt proceedings are closed. Notice issued to the respondent is discharged. It is hoped and expected that respondents will complete the work in question as expeditiously as possible. Liberty is, however, reserved to the petitioner to seek appropriate remedy for the redressal of his surviving grievances, if any, in accordance with law. Jyotsna Rewal Dua Judge 29th September, 2026. (jai)