IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CIVIL WRIT PETITION No.92 of 2022
On the 5th day of January, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Between
Amar Chand, Aged 67 Years, S/o Shri Hira Nand, R/o Village Beludhank/317, Tehsil Karsog, District Mandi, H.P. .....PETITIONER
(By Mr. R. Bhender Kumar Chaudhary, Advocate)
AND
State of Himachal Pradesh through Collector, District Mandi, H.P.
......RESPONDENT
(By Ms. Ritta Goswami, Additional Advocate General)
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
This writ petition has been filed by the petitioner-Amar Chand, challenging the order dated 26.11.2021 (Annexure P-6), passed by the Financial Commissioner (Appeals), Himachal Pradesh in Revision Petition No.48 of 2021, whereby the revision petition filed by the petitioner has been dismissed and the notice dated 16.12.2021 (Annexure P-7), vide which the petitioner has been called upon to remove the encroachment from the Charagah land.
2. The basic order passed against the petitioner is Annexure P-3, dated 21.06.2016, passed by the Assistant Collector Grade-I, Karsog, District Mandi. In the aforesaid order, the petitioner is a trespasser over the government land comprising in Khasra No.236/1 measuring 0-2-10 Bigha, Khasra No.236/2 measuring 0-8-12 Bigha, Khasra No.989/251/1 measuring 0-0-12 Bigha and Khasra No.989/251/2 measuring 0-0-12 Bigha, total Kita 4, measuring 0-12-6 Bigha in Mohal Beludhank, Tehsil Karsog, District Mandi, which are recorded as 'Charagah Bila Drakhtan'. The petitioner filed appeal against that order before the Collector, Sub-Division Karsog, who vide order dated 27.01.2017, dismissed the appeal by a detailed order. Thereafter, the petitioner filed further appeal before the Divisional Commissioner, Mandi Division, who dismissed the same vide order dated 23.10.2019. None of these orders are under challenge in the writ petition.
3. In view of the law laid down by the Hon'ble Supreme Court in Jagpal Singh and others Versus State of Punjab and others, (2011) 11 SCC 396, the encroachment of the petitioner over the Charagah land cannot be justified in any circumstances nor any such encroachment can be regularized by the Government.
4. Faced with this situation, learned counsel for the petitioner submitted that since the petitioner has been having constructed house over the disputed land for quite some time, his alternative prayer for allowing him to vacate the land within a period of three months may be considered.
5. The petitioner may for that approach the Tehsildar concerned with an undertaking to positively vacate the aforesaid premises within a period of three months, who may in his discretion, consider not executing the eviction order during that period. In case the petitioner does not vacate the aforesaid premises within the said period, it shall be open for the respondent to proceed according to law.
With these directions, the writ petition stands disposed of, so also the pending miscellaneous application(s), if any.
(Mohammad Rafiq) (Jyotsna Rewal Dua)
Chief Justice Judge
January 05, 2022
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