Krishan Chand And Others vs State Of H.P. And Others

Jyotsna Rewal Dua, J

This writ petition has been filed for grant of following substantive relief:-

“(i) That writ of mandamus may kindly be issued, directing the respondent No.2 to decide the representation dated 19.12.2025 (Annexure P-7) made by the petitioner in accordance with law within time bound manner and in the alternative, directing the respondent No.2 to decide the Appeal Nos. 49/2018, 50/2018 & 51/2018 within time bound manner, so that the Government land, forest land and Shamlat land may be taken away from the private respondents and the petitioners can have easily access to path and road to their houses as well as agriculture fields.”

In view of nature of relief prayed for, submissions made and the order being passed hereinafter, notice of this petition is not required to be issued to private respondents. Matter has accordingly been heard at this stage.

Learned counsel for the petitioners highlighted the following order passed in Krishan Chand and others versus State of Himachal Pradesh and others[CWP No.16649/20205, decided on 03.12.2025.]:-

“As prayed for, this petition is allowed to be withdrawn, with liberty to the petitioners to approach the Authorities concerned afresh and in case, the Authorities do not do the needful within some reasonable time, the petitioners may approach the Court, in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of accordingly.”

According to the petitioners, pursuant to above liberty reserved to petitioners to approach the concerned authorities for redressal of their grievances, they preferred representation on 19.12.2025 (Annexure P-7) to the Divisional Commissioner- respondent No.2 for deciding the appeals Nos. 49,50 & 51/2018 statedly pending adjudication before him. Petitioners grievance is that neither their representation nor the appeals mentioned therein have been decided by respondent No.3 and this in turn is causing hardship to the petitioners.

Learned counsel for petitioners submitted that petitioners would be satisfied in case respondent No.2 is directed to decide their representation dated 19.12.2025 (Annexure P-7) in accordance with law within a time bound schedule.

Taking into consideration the pleadings, documents appended with the writ petition and the prayer made by learned counsel for petitioners but without examining the merits of the matter, this writ petition is disposed of with direction to respondent No.2/Competent Authority to consider and decide the aforesaid representation of petitioner within eight weeks from today in accordance with law. The decision so arrived at shall also be communicated to the petitioners.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.