Himachal Pradesh High Court
Court On Its Own vs State Of Himachal on 29 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 29th DAY OF MARCH, 2022
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PUBLIC INTEREST LITIGATION
r No. 29 of 2021
Between:
COURT ON ITS OWN
MOTION
...PETITIONER
AND
1. STATE OF HIMACHAL
PRADESH THROUGH
CHIEF SECRETARY
TO THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA - 171 002.
2. DEPUTY COMMISSIONER,
SHIMLA, DISTRICT SHIMLA,
HIMACHAL PRADESH.
3. SUB DIVISIONAL MAGISTRATE
(RURAL), SHIMLA,
DISTRICT SHIMLA,
HIMACHAL PRADESH.
...RESPONDENTS
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2
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL,
WITH MS. RITTA GOSWAMI,
ADDITIONAL ADVOCATE
.
GENERAL)
(MR. ROMESH VERMA,
ADVOCATE, FOR SH.
SUNDER LAL)
This Civil Writ Public Interest Litigation coming on
for admission this day, Hon'ble Mr. Justice Mohammad
Rafiq, passed the following:
ORDER
This petition has been initiated by this Court on its own motion on the basis of a complaint received from Shri Buli Chand, s/o Late Shri Mohan Singh, Village Biunt, Post Office Rouri, Tehsil and District Shimla, Himachal Pradesh.
2. In the complaint addressed to the Chief Justice of this High Court, it has been alleged that the complainant and his family, who belong to Scheduled Caste Category, are being harassed by the people belonging to upper caste, who have caused obstruction over a common path being used by the family of the complainant and other villagers for the purpose of commuting and taking cattle etc. for agricultural purpose ::: Downloaded on - 30/03/2022 20:11:36 :::CIS 3 since long time. It has also been alleged that even though the path has not been recorded as such in the revenue record but .
the same was being used as per the custom since long time. It has further been alleged that on 27th July, 2021, one Shri Sunder Lal obstructed the aforesaid public path by constructing a stone wall, which made it impossible for him and his family members to commute from the said path. A complaint is also stated to have been made to the Deputy Commissioner, Shimla, vide letter dated 24th July, 2021 with a copy endorsed to the Superintendent of Police, Shimla making allegations of harassment, but, no action on the same has been taken so far.
3. The learned Additional Advocate General appearing for the respondentsState submits that an affidavit has been filed by the Deputy Commissioner, Shimla, wherein it has been stated that after the cognizance of this matter was taken by this Court, he directed the Sub Divisional Officer (Civil) Shimla (Rural) vide order dated 20 th November, 2021 to immediately inquire into the matter and if any violation is found, to take action against the violators, as per law. The ::: Downloaded on - 30/03/2022 20:11:36 :::CIS 4 Superintendent of Police Shimla has also been stated to have directed, vide order dated 22nd September, 2021, that if it is .
found that the aforementioned complainant and his family members are being harassed by the upper caste people only for the reason that they belong to Scheduled Caste Category, strict action be taken as per law.
4. The Superintendent of Police Shimla, vide letter dated 25th September, 2021, has reported that on the basis of complaint of Sh. Buli Chand, FIR No.131 of 2021 under Section 3 (1) of the SC & ST (Prevention of Atrocities) Act, 1989, has been registered at Police Station West, Shimla, on 05th July, 2021, and the challan in the said FIR has been filed in the Court of Competent jurisdiction. However, the complainant has given a statement on 21st September, 2021, to close the complaint.
5. The learned Additional Advocate General has also invited attention of the Court to para6 of the affidavit filed by the Deputy Commissioner, Shimla, wherein a reference is made to the report of SHO vide which it has been mentioned that there are two alternate paths available to said Sh. Buli ::: Downloaded on - 30/03/2022 20:11:36 :::CIS 5 Chand to approach his house from the main road as well as from other houses of the village and that other villagers have .
also not objected to closing of the said path.
6. Mr. Romesh Verma, the learned counsel appearing for Sh. Sunder Lal submits that the said Buli Chand being neighbour was only allowed to use his private land for approaching the main road, but he already has two alternate paths. Since the land, which was his private land, was being used by the complainant as a common path with his permission, he cannot claim to have any right to continue to use the same. The allegation that he and his family members were being harassed only for the reason they belong to Scheduled Caste Category, is denied.
7. Be that as it may, so far as the allegations of harassment and violation of the provisions of the Atrocities Act is concerned, the challan in the matter having already been filed in the Court of Competent jurisdiction, it is for that Court to decide whether or not any such offence is made out.
Moreover, it is not clear that the statement made by the complainant to close the matter was made to the Court or to ::: Downloaded on - 30/03/2022 20:11:36 :::CIS 6 the police, but in any case, the statement made to the police is of no value, if the challan has already been filed. It is for the .
Court concerned to find out as to at what stage the said statement has been made.
8. Coming to the case in hand, as per the report of the SHO, the complainant has two alternate paths and closure of the said path was not objected by the other villagers who were using the said path. If the complainant wish to take a stand that the said path was being used for the last many decades and that he has acquired some easementary rights to continue using the path, he would have to approach the Competent Civil Court for redressal of his grievances.
9. With these observations, the petition is disposed of.
10. A copy of this order be forwarded to the complainant forthwith.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 29, 2022 ( rajni ) ::: Downloaded on - 30/03/2022 20:11:36 :::CIS