Reema Devi vs State Of H.P. And Ors

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General and Mr.Dhananjay Sharma, learned counsel, accept service of notice on behalf of respondents No. 1 & 3 and respondent No.4, respectively.

In view of the grievance raised by the petitioner and the order being passed hereinafter, there is no requirement of issuing notice to respondent No. 2 or for calling reply from the appearing respondents, the matter has accordingly been heard at this stage.

Municipal Council Dehra-respondent No.2 issued notice to the petitioner on 21.04.2026 (Annexure P-1) under Section 39 (1) of the Himachal Pradesh Town & Country Planning Act, 1977, (the Act in short), alleging that petitioner had constructed a building over Khasra Nos. 1144, 1146 and 1154 in Ward No. 6, Tehsil Dehra, District Kangra without permission as required under the applicable provisions of the Act. Petitioner was to restore the land to the condition existing before the development took place. Respondent No.2, however, gave an opportunity to the petitioner in accordance with law and in accordance with the statute for filing reply to the aforesaid notice within fifteen days. Petitioner filed his reply vide Annexure P-2 dated 27.04.2026.

It has been submitted for the petitioner that the reply filed by the petitioner is presently under consideration of respondent No.2.

Petitioner's grievance is to the Annexure P-3, dated 04.05.2026, issued by respondent No.3-Assistant Engineer Jal Shakti Sub Division, Dehra, District Kangra, informing the petitioner that the concerned Jal Shakti Department will disconnect water supply to the petitioner's premises in case of non-production of valid authorization/ approval from the Competent Authority. The impugned document has been issued on the basis of notice dated 21.04.2026 issued by respondent No.2 to the petitioner.

Having heard learned counsel for the parties, it has to be held that the impugned notice Annexure P-3 dated 04.05.2026 has been issued by respondent No.3 in hurried exercise of powers and in violation of principles of natural justice. Apparently, the said impugned notice has been issued, as observed earlier, on the basis of notice issued to the petitioner on 21.04.2026 by respondent No.2. The said notice is as yet pending adjudication. That being the position, there was no occasion for respondent No.3 to have ordered disconnection of petitioner's water supply without there being any direction from respondent No.2 in that regard. Accordingly, Annexure P-3 dated 04.05.2026 is quashed and set aside. Respondents are directed to act in accordance with law.

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