Himachal Pradesh High Court
Surinder Singh Thakur vs State Of Himachal Pradesh And Others on 9 March, 2018
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 2693 of 2017
Decided on: 09.03.2018
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Surinder Singh Thakur ...Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
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Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting? 1 No
For the Petitioner: Ms. Ritika Jassal, Advocate, vice Ms.
r Archana Dutt, Advocate.
For the Respondents: Mr. Vinod Thakur, Addl. Advocate General,
with Mr. J.S. Guleria and Mr. Bhupinder
Thakur, Dy. Advocate Generals, for
respondents No. 1 to 4.
Mr. K.D. Sood, Senior Advocate, with Mr.
Mukul Sood, Advocate, for respondent
No.5.
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Justice Tarlok Singh Chauhan, J. (oral)
This writ petition has been filed for the following reliefs:
(i) "That respondents No.1 to 4 be directed to restore the ambulance road immediately existing on Khasra No.285 Khata No. 45 Khatauni No. 59, measuring 00-12-08 hectares, situated in Mauza Mohal Chamnel, Tehsil Dehra, District Kangra, H.P. as per jamabandi for the year 2005-2006. That 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 12/03/2018 23:03:51 :::HCHP 2 respondents may further be directed to take appropriate steps to restore Nalla in order to provide all weather Ambulance road to the .
residents of the village.
(ii) That the respondents be directed to remove all encroachments on the path, handpump and government land made by respondent No.5."
2. Respondents No. 2 and 3 have filed the reply wherein it has been specifically stated that the A.C. 2nd Grade, Pragpur was directed to get the land demarcated and remove debris. He in turn has done the needful and the debris now stands removed and the road is operational and functional.
3. At this stage, it shall be apposite to reproduce in verbatim the contents of paras 8 and 13 (i) of the reply, which read thus:
"8. That it is submitted here that in the rainy season the path was damaged. The replying respondent made direction to the A.C. 2nd Grade, Pragpur to made the road operational and functional. The A.C. 2nd Grade, Pragpur had demarcated the land as per guideline, removed the debris on the spot and further made the path/road operational and functional. It is further submitted here that ::: Downloaded on - 12/03/2018 23:03:51 :::HCHP 3 the Nalla is diverted on the other side so that it does not damage the path.
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13(i) That the ambulance road/path situated in Khasra No. 285 in Mahal Chamnal, Tehsil Pragpur, Distt. Kangra, H.P. has been restored. The debris have been removed and road is operational and functional."
4. In view of the reply filed by respondents No. 2 and 3, nothing survives in the writ petition and the same is accordingly, dismissed. However, in case any party(ies) have any further grievance, they are free to take recourse to any remedy that may be available to them.
5. The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.
(Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
9th March, 2018. Judge
(GR)
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