Himachal Pradesh High Court
Pranav Kant vs . State Of Hp And Others on 28 June, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
Pranav Kant vs. State of HP and others CWP No.2482 of 2019 .
28.06.2023 Present: Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma & Ms. Sharmila Patiyal, Additional Advocates General, Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for respondents No.1 to 8/State.
Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for respondent No.9.
Respondents No.1, 3, 4 and 5 have admitted that earlier respondent No.9 had encroached the government land, but later the encroachment was removed on 20.11.2019. However, fresh encroachment on Khasra No.697/1, area measuring 00-00-47 hectare has again been detected by the Tehsildar, Manali on 28.2.2023.
2. In the given facts and circumstances of the case, we deem it appropriate to direct the Secretary, District Legal Services Authority, Kullu to visit the site alongwith Tehsildar, who in turn, shall carry out the demarcation in presence of the Secretary after associating all the parties.
Ordered accordingly.
3. The demarcation shall be carried out not only on the properties of the petitioner and respondent No.9, but also on the alleged encroachments made over natural stream (Kuhal) existing in Khasra No.662 (Old No.3030/176, 261, Khatauni No.412min, Jamabandi No.281min) and also on entire land comprised in Khasra Nos.662, 681, 683, 685, ::: Downloaded on - 30/06/2023 20:32:42 :::CIS -2- 686 and 697 and any other Khasra number at Village Prini, Tehsil Manali, District Kullu, Himachal Pradesh, .
which the Secretary alongwith Tehsildar, deem necessary.
4. The Secretary, District Legal Services Authority, Kullu shall visit the spot on 22.7.2023 at 11:00 a.m. Since the parties to the lis are duly represented, therefore, no further notices are required to be issued by the Secretary, District Legal Services Authority, Kullu. The report in this regard be submitted, in a sealed cover, so as to reach this Court well before the next date of hearing.
List for consideration, on 3.8.2023.
( Tarlok Singh Chauhan )
Judge
( Satyen Vaidya )
June 28, 2023 (KS) Judge
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