Himachal Pradesh High Court
Parma Nand Aged About 73 Years vs State Of Himachal Pradesh on 16 September, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 16th DAY OF SEPTEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No.4108 of 2021 WITH
CIVIL WRIT PETITION No.4162 of 2021
CIVIL WRIT PETITION No. 4108 of 2021
Between:-
1. PARMA NAND AGED ABOUT 73 YEARS
S/O LATE SH. NATHU RAM, RESIDENT
OF HOUSE NO. 60 WARD NO.2,
LAXAM GALI, HAMIRPUR, DISTRICT
HAMIRPUR, HIMACHAL PRADESH
ALSO OCCUPANT OF KHOKHA NUMBER
32, OPPOSITE BUS STAND HAMIRPUR,
HIMACHAL PRADESH.
2. ASHWANI KUMAR AGED ABOUT 51 YEARS
S/O SH. KISHORI LAL, RESIDENT OF
VILLAGE DUGNEDI, PO HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF
KHOKHA NUMBER 26, OPPOSITE
BUS STAND HAMIRPUR, HIMACHAL
PRADESH.
3. KAMLESH KUMARI THAKUR
AGED ABOUT 53 YEARS WIFE OF
SH. RAMESHWARI CHAND THAKUR,
RESIDENT OF HOUSE NO.96
WARD NO.10, RAMNAGAR HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF
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KHOKHA NUMBER 33, OPPOSITE
BUS STAND, HAMIRPUR, HIMACHAL
PRADESH.
.
4. AMAR CHAND AGED ABOUT 75 YEARS
SON OF LATE SH. JAGAT RAM,
RESIDENT OF HOUSE NO. 182,
WARD NO.6 NEAR KASHMIRI COMPLEX,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF
KHOKHA NUMBER 23, OPPOSITE
BUS STAND HAMIRPUR, HIMACHAL
PRADESH.
5.
VIPAN KUMAR SON OF LATE
ROSHAN LAL, RESIDENT OF PO
MASYANA, TEHSIL HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF
KHOKHA NUMBER 24, OPPOSITE
BUS STAND HAMIRPUR,
HIMACHAL PRADESH.
6. JOGINDER SINGH SON OF LATE
ROSHAN LAL, RESIDENT OF PO
MASYANA, TEHSIL HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF
KHOKHA NUMBER 25, OPPOSITE
BUS STAND, HAMIRPUR,
HIMACHAL PRADESH. ......PETITIONERS
(BY SH. B.C. NEGI, SENIOR ADVOCATE
WITH SH. NITIN THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (URBAN)
DEVELOPMENT) TO THE GOVERNMENT
OF HIMACHAL PRADESH SHIMLA 171002.
2. THE DEPUTY COMMISSIONER, HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
3. SUB DIVISIONAL OFFICER (CIVIL)
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3
HAMIRPUR, DISTRICT HAMIRPUR
HIMACHAL PRADESH.
.
4. MUNICIPAL COUNCIL HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH THROUGH ITS
EXECUTIVE OFFICER.
5. EXECUTIVE ENGINEER, HPPWD
DIVISION HAMIRPUR, HIMACHAL
PRADESH.
6. JUNIOR ENGINEER, HPPWD SUB
DIVISION (ANU SECTION) HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH.r ......RESPONDENTS
(SH.ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. RAJINDER DOGRA,
SENIOR ADDITIONAL ADVOCATE GENERAL,
SH. SHIV PAL MANHANS,
AND SH. HEMANSHU MISRA, ADDITIONAL
ADVOCATE GENERALS,
FOR RESPONDENTS 1 TO 3, 5 & 6)
(SH. VIVEKA NAND, ADVOCATE,
VICE SH. ANIL K. GOD,
ADVOCATE, FOR RESPONDENT-4)
CIVIL WRIT PETITION No. 4162 of 2021
Between:-
1. JOGINDER PAL AGED ABOUT 71 YEARS,
S/O SH. TULSI RAM, RESIDENT OF
ANU KALAN, VILLAGE BARAR BALH
POST OFFICE HAMIRPUR, DISTRICT
HAMIRPUR, HIMACHAL PRADESH,
ALSO OCCUPANT OF KHOKHA NUMBER 11,
OPPOSITE BUS STAND HAMIRPUR,
HIMACHAL PRADESH.
2. SHANTI SWAROOP AGED ABOUT 66 YEARS,
S/O SH. BHAGWAN DASS, RESIDENT OF
VILLAGE DODRU POST OFFICE CHOWKI
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JAMWALAN, DISTRICT HAMIRPUR, HIMACHAL
PRADESH, ALSO OCCUPANT OF KHOKHA
NUMBER 9, OPPOSITE BUS STAND
.
HAMIRPUR, HIMACHAL PRADESH.
3. DHARAM PAL AGED ABOUT 41 YEARS,
SON OF SH. KISHORI LAL,
SON OF SH. KHIALI RAM, RESIDENT OF
TEEKA CHOWKI, TEHSIL HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL PRADESH,
ALSO OCCUPANT OF KHOKHA NUMBER 34,
OPPOSITE BUS STAND HAMIRPUR,
HIMACHAL PRADESH.
4.
VIPAN KUMAR AGED ABOUT 35 YEARS
SON OF SH. MEHAR SINGH, SON OF
SH. KHIALI RAM, RESIDENT OF VILLAGE
BAG CHOWKI POST OFFICE KUTHERA,
TEHSIL HAMIRPUR, HIMACHAL PRADESH,
ALSO OCCUPANT OF KHOKHA NO.34,
OPPOSITE BUS STAND HAMIRPUR,
HIMACHAL PRADESH.
5. SANJEEV KUMAR SON OF SH. KEHAR SINGH,
SON OF LATE SH. KHIALI RAM, AGED
37 YEARS, RESIDENT OF VILLAGE BAG
CHOWKI, POST OFFICE KUTHERA,
TEHSIL HAMIRPUR, DISTRICT HAMIRPUR,
HIMACHAL PRADESH, ALSO OCCUPANT OF
KHOKHA NUMBER 34, OPPOSITE
BUS STAND HAMIRPUR, HIMACHAL PRADESH.
......PETITIONERS
(BY SH. B.C. NEGI, SENIOR ADVOCATE
WITH SH. NITIN THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (URBAN)
DEVELOPMENT) TO THE GOVERNMENT
OF HIMACHAL PRADESH SHIMLA 171002.
2. THE DEPUTY COMMISSIONER, HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
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5
3. SUB DIVISIONAL OFFICER (CIVIL)
HAMIRPUR DISTRICT HAMIRPUR
.
HIMACHAL PRADESH.
4. MUNICIPAL COUNCIL HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH THROUGH ITS
EXECUTIVE OFFICER.
5. EXECUTIVE ENGINEER, HPPWD
DIVISION HAMIRPUR, HIMACHAL
PRADESH.
6.
JUNIOR ENGINEER, HPPWD SUB
DIVISION (ANU SECTION) HAMIRPUR,
DISTRICT HAMIRPUR, HIMACHAL
PRADESH.
r ......RESPONDENTS
(SH.ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. RAJINDER DOGRA,
SENIOR ADDITIONAL ADVOCATE GENERAL,
SH. SHIV PAL MANHANS,
AND SH. HEMANSHU MISRA, ADDITIONAL
ADVOCATE GENERALS,
FOR RESPONDENTS-1 TO 3, 5 & 6)
(SH. VIVEKA NAND, ADVOCATE,
VICE SH. ANIL K. GOD,
ADVOCATE, FOR RESPONDENT-4)
These petitions coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh
Chauhan, passed the following:
ORDER
The instant petitions have been filed for grant of the following reliefs:-
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dated 23.07.2021 issued to the Petitioners; and/or
(ii) Issue a writ of certiorari quashing and setting aside the notice dated 23.07.2021 issued to the Petitioners; and/or
(iii) Issue a writ of mandamus directing Respondents to produce entire record regarding the Petitioners and their respective khokhas; and/or
(iv) Issue a writ of mandamus directing Respondent No.2 and 3 to produce the advertisement/notice and allotment criteria regarding allotment of shops in Sports Complex Hamirpur; and/or."
2. Records reveal that the proceedings under The Himachal Pradesh Road Infrastructure Protection Act, 2002 (for short 'Act') stand initiated against the petitioners.
3. Therefore, we have no doubt in our mind that the petitioners, who claim interest over the property in dispute would be afforded full as also proper opportunity in terms of the provisions of the Act before any adverse order is passed or action is taken against them.
4. Accordingly, we deem it proper to dispose of the instant petitions by permitting the petitioners to put-forth their grievances along with all relevant records before the ::: Downloaded on - 31/01/2022 23:05:06 :::CIS 7 competent authority, who after taking into consideration the same, shall pass an appropriate order in accordance with .
law.
5. Further, it is made clear that till such decision, the petitioners shall not be dispossessed from their 'Khokhas'. However, on passing of the final order, action in accordance with the order shall ensue.
6. All pending applications, if any, also stand disposed of.
Copy 'dasti'.
(Tarlok Singh Chauhan) Judge (Satyen Vaidya) Judge 16th September, 2021.
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