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Himachal Pradesh High Court

Sewak Ram vs State Of Himachal Pradesh & Another on 27 February, 2019

Bench: Surya Kant, Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                         .
                              CWP No. 7 of 2019-A





                              Date of Decision : February 27 , 2019

    Sewak Ram                                                        ...Petitioner





                                    Versus
    State of Himachal Pradesh & another                              ...Respondents

    Coram:





    The Hon'ble Mr. Justice Surya Kant, Chief Justice.
    The Hon'ble Mr. Justice Ajay Mohan Geol, Judge.

    Whether approved for reporting?1


    For the petitioner             :Mr. R.L. Chaudhary, Advocate.
    For the respondents           : Mr. Ashok Sharma, Advocate General with
                                    Mr. Adarsh Sharma, Mr. Nand Lal Thakur
                                    & Mr. Ashwani K. Sharma, Additional


                                    Advocate Generals.

    Surya Kant, Chief Justice. (Oral)

Notice of motion. On our asking Mr. Adarsh K. Sharma, learned Additional Advocate General accepts notice on behalf of the respondents. In view of the nature of the order we propose to pass, we deem it not necessary to call for any reply at this stage.

2. Grievance of the petitioner is against order dated 26th October, 2018, passed by Deputy Commissioner, Mandi, Himachal Pradesh, whereby petitioner's request to 1 Whether reporters of Local Papers may be allowed to see the judgment?

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allot/grant particular piece of land has been declined on the ground that at present the Forest Conservation Act, 1980 is .

applicable on all the waste-land and the same is not assessed to land revenue in the entire district of Mandi. The Deputy Commissioner has further observed that to meet out the request of the representationist namely the petitioner it would be in the interest of justice that the matter be sent to the State Government for taking the final decision. He has consequently referred the matter to the State Government.

3. Prayer in the instant writ petition is that the State Government may be asked to take a final decision in accordance with law in a time bound manner. We find the prayer to be fair and just. Writ petition is accordingly disposed of without expressing any opinion on merits with a direction to the Principal Secretary (Revenue) to the Government of Himachal Pradesh to take an appropriate decision with regard to the petitioner's claim as referred to in order dated 26th October, 2018, of the Deputy Commissioner, Mandi within a period of three months.

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The writ petition is accordingly disposed of alongwith pending application(s), if any.

.

Copy dasti.

(Surya Kant), Chief Justice.

(Ajay Mohan Goel), Judge.

    February 27 , 2019 (PK)


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