Himachal Pradesh High Court
Umesh Kumar vs State Of H.P And Others on 16 March, 2026
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
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Umesh Kumar versus State of H.P and others CWP No.3065/2026 16.03.2026 Present: Mr. Ajay Chandel, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate of General, for respondents-State.
CWP No.3065/2026 & CMP No. 4435/2026 rt Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waive service of notice on behalf of respondents- State. Issue Notice to respondents No. 4 & 5 returnable within four weeks. Steps for service be taken within four days.
Heard for the purpose of grant of interim relief.
2. Petitioner was declared elected for the post of Pradhan, Gram Panchyat, Sarskan, Development Block, Dharampur, District Mandi, H.P. in the elections held in April, 2021. Respondent No.4 filed an election petition laying challenge to petitioner's election on the ground that petitioner had encroached government land and had also filled form to regularize said encroachment on the government land. on 14.08.2002 before Naib- Tehsildar, Dharampur; In view of Section 122 of H.P. Panchayati Raj Act, 1994, the petitioner being encroacher of the government land could not have contested the panchayat elections.
The so called application allegedly filled in by the petitioner for regularizing the encroachment has been placed on record at Annexure P-3. Learned counsel for the petitioner ::: Downloaded on - 16/03/2026 20:33:58 :::CIS .
invited specific attention to para-2 thereof wherein khasra number of the land involved has been mentioned as 1705/1.
Petitioner's defence inter alia was that he had of never signed the aforesaid application. During the course of hearing before the Sub-Divisional Officer (C), petitioner rt produced and proved an ejectment order dated 24.05.2022 passed by Assistant Collector, Second Grade, Dharampur, District Mandi in relation to aforesaid Khasra No.1705/1 against one Sh. Prem Singh son of Sh.Mana.
3. The Sub-Divisional Officer (C), vide his order dated 06.11.2025 proceeded on the basis that the petitioner had applied for regularizing his illegal possession over Khasra No. 1705/1; held him to be an encroacher over the said government land and accordingly, allowed the election petition by holding the petitioner to be disqualified for being elected as Pradhan of the concerned Gram Panchyat.
Prima-facie the order passed by the Sub-Divisional Officer (C), does not appear to have discussed the evidence led by the parties more specifically, the defence of the petitioner of his having never applied for regularizing any encroachment, his having not encroached the land in question or that it was one Sh.Prem Singh who had been ordered to be evicted from the land in question in the election petition.
4. Petitioner's appeal against the aforesaid order was dismissed by the Deputy Commissioner, Mandi on ::: Downloaded on - 16/03/2026 20:33:58 :::CIS .
27.01.2026. At this stage, I find force in the petitioner's contention for the purpose of grant of interim relief that the Deputy Commissioner instead of considering the election of petition vis-a-vis Khasra No.1705/1 made out a new case against the petitioner in appeal for an all together different rt area i.e. Khasra No. 1705/2, which was never the case of respondent No.4.
5. Learned counsel for the petitioner has apprised that during pendency of the proceeding before the Authorities below, interim order had been operating in favour of the petitioner.
In view of above and in view of prima-facie observations made heretobefore, the operation of orders dated 06.11.2025 passed by Sub-Divisional Officer (C), Dharampur, District Mandi and 27.01.2026 passed by Deputy Commissioner, Mandi, District Mandi shall remain stayed. Reply be filed within four weeks.
CMP No.4436/2026
The application is disposed of with direction to the applicant to file English translated copies of documents in issue by the next date of hearing.
Jyotsna Rewal Dua Judge March, 16, 2026 (yogesh) ::: Downloaded on - 16/03/2026 20:33:58 :::CIS