Prakash Chand & Another vs Satluj Jal Vidhyut Nigam Limited

L. Narayana Swamy, CJ

By way of present writ petition, the petitioners have approached this Court with the following prayer(s):-

“a) That the respondent department may kindly be directed to withdraw the legal notice dated 10.09.2020 issued to the petitioner No.1 i.e.

Annexure P-8 with the immediate effect and for this illegal and arbitrary conduct of the respondent project, the heavy cost may be imposed on

respondent-project.

b) That the respondent department may also kindly be directed that they will not do any action or interference in the disputed land in any manner until

the issue inter-se the parties regarding ownership will be finally decided in RFA No.377 of 2001 by the Hon’ble High Court of H.P.â€​

A Legal Notice dated 10.09.2020 (Annexure P-8) was issued by the respondent-Satluj Jal Vidhyut Nigam Limited against the petitioner No.1

Prakash Chand for vacation of the encroachment allegedly made by him over the land/road, existing in Ward No.3, VPO Jhakri, Tehsil Rampur

Bushahr, District Shimla (H.P.), alleging therein that the petitioner Prakash Chand is attempting to encroach upon the land in dispute by way of

constructing house and also doing agricultural operations thereon

We have heard learned counsel for the parties.

Learned counsel for the petitioners submits that the disputed land is in ownership and possession of the petitioners and that the respondent-Project is

illegally trying to dispossess them from the said land.

Ms. Devyani Sharma, learned counsel representing the respondent-Project, submits that the land in dispute is an ambulance road which belongs to

the ownership and possession of the respondent-Project and that the petitioners are illegally attempting to encroach upon the said property/road by

constructing house and also doing agricultural operations.

The dispute involved in the present writ petition can only be adjudicated by the Competent Civil Court and not in the writ jurisdiction under Section

226 of the Constitution of India, as the burden to prove the right claim(s) with regard to the disputed land in question only lies with the parties by

leading a cogent and reliable evidence before the Competent Civil Court for decision on merit in accordance with law.

In view of the above, the present writ petition is dismissed. However, the petitioners are at liberty to approach the Competent Civil Court for

redressal of their grievance.

Pending miscellaneous application(s), if any, shall also stand disposed of.