Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 5228 (HP)

DEEPAK CHAUDHARY AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/707/2026 · 2026-01-08

Ajay Mohan Goel

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.707 of 2026 Decided on 08th January 2026 Deepak Chaudhary and others …Petitioners Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Karan Singh Kanwar, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. In light of the prayer made by the learned counsel for the petitioners, this petition is being disposed of at this stage itself. 3. Learned counsel for the petitioners submits that the petitioners are not impugning the proceedings, which were initiated against them under the Public Premises Act and Land 2 (Eviction and Rent Recovery) Act, 1971, nor the orders passed therein. Learned counsel further submits that the petitioners intends to honour the order of eviction, which has been passed and they also intend to vacate the land, qua which, the petitioners has been held to be an encroachers. 4. The limited prayer of the petitioners as per learned counsel is that before the petitioners are actually evicted from the premises in issue, let a demarcation of the land be carried, because, as per the petitioners, a part of the house constructed by them, which the respondents claim is on Government land is not upon the Government land. 5. Learned counsel further submits that just to ascertain this fact the petitioners are praying for the demarcation of the land and, in case, post demarcation, some portion of the house of the petitioners is found to be upon Government land, consequences shall ensue and petitioners will not agitate their eviction from that portion of the house also. 6. In light of the prayer made by learned counsel for the petitioners, this petition is disposed of with the direction that before implementing Annexure P-10 order dated 14.12.2025, 3 let a demarcation of the land be carried out and the petitioners shall forthwith vacate the land which in terms of this demarcation shall stand determined as encroached Government land. The statement of learned counsel that the petitioners shall not agitate the demarcation is taken on record. It is clarified that the demarcation shall not give a fresh cause to the petitioners and the demarcation has been ordered just to satisfy the judicial conscience of the Court that the petitioners are not vacated from the property of which they might be the owners. It goes without saying that petitioners shall be associated in the course of the demarcation. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge January 08, 2026 (Vinod)