High CourtsSingle Bench(2021) 12 SHI CK 0076

Rogi Kalyan Samiti vs Collector, Shimla Sub-Division, Shimla (Urban) And Others

High Court Of Himachal Pradesh · Decided on 23 December 2021

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Petition Main (Original) No. 340 Of 2021

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Judgment

8 paragraphs · 282 words

Sandeep Sharma, J

1.

By way of instant petition filed under Art. 227 of the Constitution of India, a very innocuous prayer has been made by the petitioner to issue direction to the respondent N.1 to decide the eviction proceedings under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter, 'Act'), in a time bound manner.

2.

Mr. Sudhir Bhatnagar, learned Additional Advocate General appears on behalf of respondent No.1. He states that he does not intend to file reply to the petition and shall have no objection, in case prayer made therein is allowed.

3.

Having regard to the nature of order proposed to be passed in the instant petition, this court sees no necessity to issue notice to respondent No.2 and same is dispensed with.

4.

The eviction proceedings under the Act were initiated against respondent No.2 but till date, said proceedings have not been concluded, as such, petitioner who is complainant in the learned Court below, has approached this court, in the instant proceedings, seeking direction to respondent No.1 to decide the same in time bound manner.

5.

Accordingly, present petition is disposed of with a direction to respondent No.1 to conclude eviction proceedings in case titled Rogi Kalyan Samiti vs. Joginder Shyam, expeditiously, preferably within six weeks. Learned counsel for the petitioner .undertakes to cause presence of parties before respondent No.1 on 28.12.2021. Learned Counsel appearing for the petitioner also undertakes to apprise the learned Court below with regard to passing of the instant order, enabling it to do the needful in terms of the instant order.

6.

Petition stands disposed of in the afore terms, alongwith pending applications, if any.

Copy Dasti.