IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7002 of 2010 Decided on: 10.11.2010 Roshan Lal and ors. …. Petitioners Versus Union of India and ors. …. Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioners: Mr. C.S. Sharma and Mr. Neeraj K. Sharma, Advocates. For the respondents: Mr. Sandeep Kaushik, counsel for respondents No. 1 and 2. Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General for respondent No.3. Justice Kurian Joseph, C.J. (Oral): The writ petition is filed mainly with the following prayers:- 1. That a writ in the nature of certiorari to quash the orders passed (annexure P3-A to P3-K) dated 30.9.2010 by respondent No.2 u/s (1) of Section 5 of the public premises (Eviction of unauthorized occupants) Act 1971 or any other proceedings initiated against the petitioners may also be quashed. 2. That a writ in the nature of Mandamus kindly be issued against the respondents restraining them from evicting the petitioners/dismantling the houses comprised in new Khasra No. 292 of Dhakka Colony, Village Beli Mahanta, Tehsil Indora, District Kangra, (H.P.) 2 2. Since the petitioners have an effective statutory remedy of appeal before the District Judge concerned, we do not think it proper to interfere with the matter at this stage. Therefore, the writ petition is dismissed without prejudice to the liberty to the petitioner to approach the District Judge for invoking statutory remedy. It is made clear that in case, such remedy is invoked within a week from today, the same shall be treated to have been filed in time as far as the petitioners are concerned. It will be open to the petitioners to seek appropriate interim relief before the Appellate Authority. In order the enable the petitioners to work out the relief, as above, it is made clear that further steps for demolition/eviction shall be deferred for a period of one week from today. 3. The writ petition stands disposed of, so also the pending application(s) if any. Dasti copy. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja ), November 10, 2010 Judge (BSS/Pankaj) 3