High CourtsDivision Bench

Prem Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 23 November 2020 · Citation: (2020) 11 SHI CK 0174

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2465 Of 2020
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Judgment

14 paragraphs · 235 words

Tarlok Singh Chauhan, J

1.

The instant writ petition has been filed for the grant of following substantive reliefs:

i) That the directions may kindly be issued to respondents No.1 to 7 to remove the encroachment from the Government land carried out by

respondents No.8 to 10 in Khasra No. 455/2 and 455/3, keeping in view order dated 28.02.2018 (Annexure PÂ9 and PÂ10) the orders passed by

SDM, Sundernagar, Distt. Mandi, H.P.

ii) That the direction may kindly be issued to take action against the officers/bearers of respondents No. 1 to 7 for dereliction in discharging Govt.

duty.â€​

2.

It is not in dispute that the order passed by the Sub Divisional Collector, Sundernagar has been assailed before the Divisional Commissioner, Mandi

and the order dated 27.02.2018 which was sought to be implemented by way of instant petition has already been stayed. The Court cannot interfere

with in the lawful proceedings that have been instituted by the private respondents.

3.

Therefore, taking into consideration the cumulative facts and circumstances of the case, we dispose of the instant petition with the direction to the

Divisional Commissioner, Mandi to decide the appeal as expeditiously as possible and in no event later than 31st March, 2021.

4.

It shall always be open to the petitioner to participate in the proceedings that are pending before the learned Divisional Commissioner, Mandi.

5.

Pending application(s), if any, also stands disposed of.