Extracted from the PDF above. The PDF is authoritative.
2026:HHC:3404 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1363 of 2026
Date of Decision: 30th January, 2026. Mahender Prakash Gupta. .....Petitioner Versus The State of HP and Ors.
…..Respondents Coram Hon’ble Mr. Justice Jiya Lal Bhardwaj, Vacation Judge.
Whether approved for reporting?1 For the Petitioner: Mr. Mohar Singh, Advocate.
For the Respondents: Mr. P.K. Nadda, Additional Advocate General for respondents No.1, 3 & 4.
Jiya Lal Bhardwaj, Vacation Judge
(oral).
Notice. Mr. P.K. Nadda, learned Addl. Advocate General, appears and waives service of notice on behalf of respondents No.1, 3 & 4.
2. By way of present writ petition, the petitioner has laid challenge to the notices, i.e. Annexures P-3 & P-4, whereby he has been asked to remove the structure. The petitioner has placed on record photographs (Annexure P- 5). From the photographs, it does not emerge that the building is dangerous and unsafe for human habitation.
3. This Court is not going to the merits of the case and further not giving any finding that the photographs are of the same building qua which notices have been issued to the petitioner. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES
2 2026:HHC:3404
4. Since the petitioner has not filed any reply, at this juncture, the Court is not inclined to issue notice to respondent No.2. However, the petitioner is directed to submit the reply to the notices issued to him vide Annexures P-3 & P-4 within a week and if the building owned by the petitioner is safe, the competent authority before removing the structure, may inspect the same.
4. In view of the above, the present petition is disposed of. However, it is made clear that this Court has not expressed any opinion with respect to the condition of the building and whether it is the same building as shown in Annexure P-5 or some other building. Pending miscellaneous applications, if any, also stand disposed of.
(Jiya Lal Bhardwaj)
Vacation Judge
30th January, 2026 (Gaurav Rawat)