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High CourtsDivision Bench(2022) 03 SHI CK 0071

Mani Devi vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 23 March 2022

HON’BLE JUDGES
Mohammad Rafiq, CJ · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.1645 Of 2022
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Judgment

5 paragraphs · 417 words

Mohammad Rafiq, CJ

1.

This writ petition has been filed by the petitioners with the prayers that the respondents may be directed to stop the flow of the dirty sewerage water of Nagar Panchayat, Karsog towards their house and to construct underground drainage system for regulating the flow of sewerage water in the entire Nagar Panchayat area and also to pay damages to the petitioners.

2.

In view of the report of the Junior Engineer of the Nagar Panchayat, Karsog, the water flowing through the foundation of the house of the petitioners, has caused serious danger to the building.

3.

In the course of arguments, learned counsel for the petitioners submitted that the petitioners have made a complaint to Sub-Divisional Officer (Civil), Karsog on 03.01.2022 for the redressal of their grievances, who directed the Junior Engineer, Nagar Panchayat, Karsog to visit the spot. The Junior Engineer on 06.01.2022 inspected the spot and submitted his report. The Secretary, Nagar Panchayat, Karsog on 10.01.2022 wrote to the BDO, Karsog to take necessary action on the aforesaid complaint. The Pradhan Gram Panchayat, Lower Karsog also submitted a report on 10.01.2022 after spot inspection to the Sub-Divisional Officer (Civil), Karsog. Even the BDO, Karsog has reported that the problem of dirty water accumulation is due to water sewerage discharge which needs necessary action to avoid any epidemic situation around the house of the petitioners and wrote to the Secretary of Nagar Panchayat, Karsog on 18.01.2022 to take necessary action on the complaint of the petitioners. The Secretary Nagar Panchayat Karsog sent a reply to the BDO Karsog on 27.01.2022 specifying therein that this complaint was not related to the area of Gram Panchayat Lower Karsog as the place in question falls in Panchayat area. It is further argued by learned counsel for the petitioners that they have made a detailed representation to the Hon’ble Chief Minister on 12.01.2022 for the solution of their problem, which was sent to the SDM, Karsog on 31.01.2022, but till date no action has been taken.

4.

Having regard to the facts of the case, we dispose of the writ petition by requiring the petitioners to approach respondent No.5- Director, Rural Development and Panchayati Raj Department, Shimla by way of a detailed representation, who in turn shall examine the grievances of the petitioners and pass appropriate orders thereon within a period of two months from the date of submission of a copy of this order. Pending miscellaneous applications, if any, shall also stand disposed off accordingly.