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Shankar Dass and others vs State of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 22 January 2018 · Citation: (2018) 01 SHI CK 0041

HON’BLE JUDGES
Sandeep Sharma
CASE NUMBER
241 of 2018

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Judgment

13 paragraphs · 247 words
1.

Learned counsel representing petitioners under instructions states that the petitioners may be permitted to approach the revenue authorities for

regularization of encroachment made by them in terms of policy framed by the Government and till the disposal of the same they may not be

evicted pursuant to order dated 06.12.2017 (Annexure P-5). Mr. Rajat Chauhan learned Law officer has not opposed the aforesaid prayer having

been made on behalf of the petitioners.

2.

Accordingly, in view of the above, present petition is disposed of with the liberty reserved to the petitioners to file detailed representation to

respondent No. 2, praying therein for regularization of encroachment made by them, in terms of policy, framed by the Government of Himachal

Pradesh, within a period of two weeks from today. On receipt of aforesaid representation, the Deputy Commissioner shall dispose of the same

within a further period of four weeks, strictly in accordance with law, more particularly, in the light of Scheme for regularization, if any, formulated

by the Government of Himachal Pradesh.

3.

Needless to submit here that till the time the representation, referred to here-in-above, is decided by the authority concerned, no coercive action

shall be taken by the authorities for implementation of order dated 06.12.2017. However, it is made clear that in case the representation is not

made within the stipulated time, as fixed by this Court, the respondents shall be at liberty to execute the order dated 06.12.2017 without any

further reference to this Court.