Jaswant Kaur vs State Of H.P. And Others

Ravi Malimath, J

This petition is filed on the ground that the order dated 10.08.2020 passed by the Hon'ble Division Bench in CWP No.78 of 2020 has not been complied with. In terms of the said order, the writ petition was disposed off by directing the respondents-State/Competent Authority to consider the case of the petitioner for exchange of his land with the Government land and pass appropriate orders within a period of three months.

It appears from the petition that no order has been passed by the State. On the other hand, learned Senior Additional Advocate General has placed on record the order dated 06.04.2021 passed by the Government, rejecting the plea of the petitioner. It is further stated therein that the petitioner has encroached upon Government land and therefore, on that ground also, he is not entitled to it.

Hearing learned counsel for the petitioner, the execution petition requires to be dismissed with costs. Firstly is the fact that the direction of the Hon'ble Division Bench has been complied with, wherein the State has passed a considered order, rejecting the plea of the petitioner. Secondly, when exchange of land is sought for and the petitioner himself has encroached upon the Government land, he is not entitled to any relief at all. Hence, we find that it is just and necessary to impose costs on the petitioner.

For all these reasons, the petition is dismissed by directing the petitioner to deposit a sum of Rs.10,000/- as costs with the H.P. High Court Advocates Welfare Fund within a period of one week from today.

Call next week to report compliance.