Sumer Sharma & Another vs Divisional Commissioner, Kangra At Dharamshala & Others

Vivek Singh Thakur, J

This petition was entertained by this Court in March 2021 for non availability of appropriate competent authority i.e. Divisional Commissioner, Kangra at Dharamshala, to take up appeal and application for stay filed by the petitioner at that time.

At the time of entertaining the petition, an ad-interim stay was also granted in favour of the petitioners restraining respondents from taking forcible possession, raising construction, changing nature, character, alienating and encumbering the land comprised in Khasra Nos. 2630, 2644, 2647, 2654, 2661, 2676, 2684, 2678, 2674, 2675, 2632, 2653, 2660, 2631, 2640, 2656, 2681, 2655, 2657, 2680 and 2648, situated at Village Dharamshala Mahantan Sub-Tehsil Bharwain, Tehsil Amb, District Una, H.P.

Thereafter, appearance has been put in on behalf of the private respondents and case was listed on 20.04.2021. On that day, it was informed that appeal preferred by the petitioners has been entertained by the office of Divisional Commissioner and has been listed for 27.04.2021. Whereafter, matter was adjourned for today, enabling the parties to have complete instructions.

Today, learned counsel for the petitioners has submitted that matter could not be taken up by the Divisional Commissioner on 27.04.2021 at Amb, as the Camp Court by the Divisional Commissioner could not be held for some unavoidable administrative circumstances and next date therein, has been fixed for 12.05.2021, in a Camp at Amb, to be held by the Divisional Commissioner.

Mr.Mukul Sood, learned counsel, for private respondents, submits that as a matter fact before passing of interim order dated 10.03.2021 possession has been delivered to the respective owners after partition and parties are in possession of their respective shares and, therefore, there is no question of taking forcible possession of the suit land.

Be that as it may, interim order was passed ex-parte in the circumstances prevailing at that time and material available on record. Therefore, this Court is not commenting on merit of the submissions made on behalf of either side.

This petition was entertained for the reason that at that time Divisional Commissioner was not available for entertaining the appeal and application for stay preferred by the petitioners, but now I do not find any reason to continue with present proceedings in this Court, as now competent authority is available and appeal preferred has been taken up by it.

In view of above, present petition is disposed of with direction to the Divisional Commissioner to take up the matter either at Amb or at Dharamshala as possible in the prevailing circumstances and decide the application for interim stay either way on or before 30.06.2021 and in case Divisional Commissioner is not able to hold the Court physically then, he may hear the parties by holding the Court virtually and parties are directed to extend all necessary cooperation for holding the Court by the Divisional Commissioner either physically or virtually. The Divisional Commissioner, Kangra at Dharamshala, is also directed to apply his independent mind to the pleadings, facts and submissions made by the parties and decide the appeal as well as application for interim stay on the basis of record on its own merit without being influenced by any order or observation passed/made by this Court as the orders in present petition were not passed on the basis of merit of the case, but as interim measures for circumstances prevailing at the time of entertaining the petition. However, interim order passed by this Court on 10.03.2021 shall continue till next date of hearing on which matter shall be taken up by the Divisional Commissioner either at Amb or at Dharamshala, on which date, he shall pass an appropriate order in the application filed by the petitioners in accordance with law. Thereafter, parties shall be governed by the order passed by the Divisional Commissioner.

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

Copy dasti on usual terms.