Himachal Pradesh High Court
Sh. Roop Chand vs State Of Himachal Pradesh on 17 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 17th DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
.
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 1516 of 2022
Between:-
1. SH. ROOP CHAND, AGED 61 YEARS,
S/O SHRI RAM DITTU.
2. SH. RAJ KUMAR, AGED 50 YEARS,
S/O SHRI RONPHI RAM.
3. SH. MAN CHAND, AGED 63 YEARS,
S/O SHRI NATHU RAM,
ALL RESIDENTS OF VILLAGE DHARBAIL, POST OFFICE
SUDHIAL TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P.
......PETITIONERS
(BY MR. BHUVNESH SHARMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY (REVENUE)
TO THE GOVERNMENT OF
HIMACHAL PRADESH, SHIMLA-171002
2. DEPUTY COMMISSIONER, HAMIRPUR,
DISTRICT HAMIRPUR, (H.P.)
3. S.D.O. (C)-CUM-SUB DIVISIONAL
MAGISTRATE, HAMIRPUR,
DISTRICT HAMIRPUR, (H.P.)
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-2-
4. TEHSILDAR, NADAUN,
TEHSIL NADAUN, DISTRICT HAMIRPUR, (H.P.)
5. SH. GIAN CHAND, S/O SHRI PHALATU RAM.
6. SH. AMARJEET, S/O SHRI PREM DASS.
.
BOTH RESIDENTS OF VILLAGE DHARBAIL,
POST OFFICE SUDHIAL, TERHSIL NADAUN,
DISTRICT HAMIRPUR (HP)
7. SH.KULDEEP SINGH, S/O SHRI KEHAR SINGH.
8. SH. SUMNA DEVI, WD/O SH. KEHAR SINGH.
9. SH. KARAM CHAND, S/O SHRI SUKRU RAM.
10. SH. RAJ MAL, S/O SHRI PARKASH CHAND.
ALL RESIDENTS OF VILLAGE PUKHRANI,
P.O. SUDHIAL, TERHSIL NADAUN,
DISTRICT HAMIRPUR (HP)
......RESPONDENTS
(MS. RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL,
FOR RESPONDENTS NO.1 TO 4)
This writ petition coming on for admission this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following:
ORDER
The petitioners have prayed for a direction to respondents No.1 to 4 for removing the obstructions stated to be there in the government land in Mohals Dharbial and Pukhrani, Tehsil Nadaun, District Hamirpur, H.P., so as to enable the Gram ::: Downloaded on - 21/03/2022 20:10:57 :::CIS -3- Panchayat Bhumpal to construct and maintain the general public path/ambulance road thereupon.
2. The case of the petitioners is that Khasra No. 533 measuring 0-03-22 hectares, situated in Mohal Bharbail, Tehsil .
Nadaun and Khasra No.124 measuring 0-13-63 hectares, situated in Mohal Pukhrani, Tehsil Nadaun, District Hamirpur, H.P. are recorded in the ownership of State Government. In both these khasra numbers, public path is shown to be in existence in the r to revenue record. The public path over the land in Khasra Nos. 533 and 124, connects various villages including villages Pukhrani, Dharbail, Bangair, Chamb, Rangar, Thunial etc. The petitioners belong to village Dharbail, which is linked with Shimla-Dharamshala National Highway through this public path on the government land. The same is 3 meters wide in the revenue record and is in existence since the time immemorial. The petitioners' plea is that it is the only ambulance/ approach road available to them to reach the highway.
It has been further submitted that as per the government policy, maintenance of the aforementioned ambulance/approach road was undertaken by the official respondents. The Deputy Commissioner-respondent No.2 sanctioned Rs.1,50,000/-, the Member of Legislative Assembly sanctioned Rs.80,000/- and further amount of Rs. 5,67,000/- was ::: Downloaded on - 21/03/2022 20:10:57 :::CIS -4- sanctioned under MANREGA for maintenance/construction of the said road.
3. The grievance of the petitioners is that the construction of the path in Khasra No.533 though was started by Gram .
Panchayat Bhumpal, however, the path could not be constructed on account of obstructions being created by private respondents No. 5 to 10. According to the petitioners, respondents No.5 and 9 have constructed toilets on some portion of the above described government land. Respondent No.5 has also constructed pillars on the public path. Respondent No.6 has constructed cattle shed and is also using the afore-described government land as courtyard. Respondents No.7,8 and 9 have constructed retaining wall on the said land. Respondent No.10 is also using the public path as courtyard for his cattle. In nutshell, the claim of the petitioners is that respondents No.5 to 10 have either encroached upon the land in question or are obstructing the construction/maintenance of the public path by creating hindrances. It has further been submitted that encroachment proceedings had been initiated against respondent No.5 and one Shri Kehar Singh, predecessor of respondents No.7 and 8. These encroachment proceedings are stated to be pending till date.
4. Learned counsel for the petitioners submitted that the ::: Downloaded on - 21/03/2022 20:10:57 :::CIS -5- petitioners have made representations to the Sub Divisional Magistrate, Hamirpur regarding timely completion of construction of the path. However, no effective decision on the said representation has been taken so far. That most of the funds sanctioned for the .
path have remained unutilized. With these grievances, the instant petition has been preferred.
5. Having regard to the pleadings and the submissions made before us, but without expressing any opinion on merits of the same, we close this petition by reserving liberty to the petitioners to represent to respondent No.3-S.D.O. (C)-cum-Sub Divisional Magistrate Hamirpur for redressal of their grievances highlighted in the present petition, within a period of two weeks from today. In case such a representation is made, then respondents No.3, after issuing notices to all concerned, including present respondents No.5 to 10, shall decide the same in accordance with law after giving reasonable opportunity of being heard to all. In case after verifying the claims, the encroachments, as alleged by the petitioners, are found to be existing over the land in question stated to be belonging to the State Government, then it shall be ensured that the encroachments/obstructions/hindrances are removed from the said land for securing the public path. This entire exercise shall be completed within two months from the date of submission of ::: Downloaded on - 21/03/2022 20:10:57 :::CIS -6- representation.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any .
( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
March 17, 2022 Judge
R. Atal
r to
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