Himachal Pradesh High Court
Daulat Ram And Others vs State Of Himachal Pradesh And Others on 10 August, 2015
Bench: Chief Justice, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2367 of 2015
Decided on: 10.08.2015
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Daulat Ram and others ...Petitioners.
Versus
State of Himachal Pradesh and others ...Respondents.
of
Coram
rt
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?
For the petitioners: Mr. B.S. Chauhan, Senior Advocate, with
Mr. Vaibhav Tanwar, Advocate.
For the respondents: Mr. Shrawan Dogra, Advocate General,
with Mr. Anup Rattan & Mr. Romesh
Verma, Additional Advocate Generals,
and Mr. J.K. Verma, Deputy Advocate
General, for respondents No. 1 and 2.
Ms. Abhilasha Kaundal, Advocate, for
respondent No. 3.
Mansoor Ahmad Mir, Chief Justice (Oral)
The writ petitioner has sought writ of mandamus commanding respondents No. 1 and 2 to evict respondent No. 3 ::: Downloaded on - 15/04/2017 18:43:33 :::HCHP : 2 : from the land, the description of which has been given in para 2 of the writ petition.
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2. Mr. Romesh Verma, learned Additional Advocate General, stated at the Bar that respondents No. 1 and 2 have already filed the reply, which is not on the record. Registry is of directed to trace and place the same on record.
3. Mr. Verma has furnished copy of the reply in the open rt Court, made part of the file. It is apt to reproduce para 4 of the parawise reply herein:
"That the contents of this para are admitted to the extent that the respondent No. 3 has encroached upon the adjoining Government land. It is submitted that the encroachment proceedings have been initiated against the respondent No. 3 for alleged encroachment over the Government land which is still pending with the Assistant Collector, IInd Grade Dhatwal and the same will be decided at the earliest according to the law after observing all the codal formalities under the law. Rest of the contents of this para are denied."
4. It appears that respondents No. 1 and 2 have drawn proceedings against respondent No. 3 in the Court of Assistant Collector, IInd Grade, Dhatwal.
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5. In the given circumstances, we deem it proper to dispose of this writ petition with a direction to Assistant .
Collector, IInd Grade, Dhatwal, to pass appropriate orders, after hearing both the parties, within six weeks.
6. The writ petition is disposed of accordingly alongwith of all pending applications.
rt (Mansoor Ahmad Mir)
Chief Justice
(Tarlok Singh Chauhan)
Judge
August 10, 2015
( rajni )
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