IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 349 of 2010. Decided on: 22nd July, 2010. Gram Panchayat Mawa Sindian Dev. Block ….. Petitioner. Versus State of H.P. & ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : None. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondents No.1 to 3. Mr. B.C. Negi, Advocate, for respondents No.4 to 8. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed for the following prayers: (i) That a writ of certiorari may very kindly be issued and impugned act on the part of respondents No.1 to 3 which amounts to executive inaction may very kindly be set aside. (ii) That a writof mandamus may very kindly be issued thereby directing the respondents No.1 to 3 to immediately take suitable action in evicting the private respondents from the encroachment made by them on the government land and get the government land vacated and hand over to the concerned quarters, in the interest of law and justice. (iii) That the Chief Secretary of the State may very kindly be directed to hold enquiry or get enquiry conducted from some independent person against respondents No.1 to 3 for sitting over the interest of public and for favouring persons who took law in their hands in the shape of encroachment on government land and directions may be issued that in that enquiry if said persons are found guilty action for misconduct may very kindly be initiated and taken against respondents 2 No.1 to 3 and copy of the action taken may very kindly be placed on records of this case.” It is stated in the affidavit filed by the Deputy Commissioner, Una as follows: “2. That in compliance of the above orders the replying respondent vide letter No.363/Reader-DC dated 4.5.2010 while enclosing the copy of letter/directions received from the Advocate General, H.P., Shimla has emphasized the Sub Divisional officer (Civil), Amb District Una to examine the matter and send complete comments. In this regard the report of the Tehsildar, Amb has been received according to which the encroachment on Government land has been made by the following persons against whom proceedings for their ejectment as required U/S 163 of H.P. Land Revenue Act have been initiated: Sr.No. Name of the person by whom the Govt. land has been detected to have been encroached upon Description of land detected to have been encroached upon 1. Ranjeet Singh s/o Gurditta Ram, R/O Village r/o Mawa Sindhian Tehsil Amb District Una – as appearing as respondent No.6 in the CWP. Bearing Khewat No.241 min, Khatauni No.382 min, Khasra No.1385, 1389, 1390, 1 1392 and 1393 measuring 0-12-38 Hectares situated in village Mawa Sidhian Tehsil Amb District Una (HP) owned by The H.P. State in which abadi- Shed, Gohran, Latrine and Bath Room have been Constructed by encroacher. 2. Sh. Suraj Singh, Nakul Singh, Yudhistar Singh, Ramesh Singh, Shankar Singh, Joginder Singh, Niranjan Singh Sons of Rasal Chand, Suram Singh, Jagdish Singh, Arjun Singh, Sehdev Singh Sons of Gopal, Residents of Village Mawa Sidhian Nichala Tehsil Amb, District Una. Khasra Numbers 660, 664, 666, 667, 667/1, 668, 669, 671, 674, 675, 676, 680 Kita-13 measuring 0-30-79 Hectares owned by the State of H.P. 3. Faquir Chand s/o Gatha Ram, resident of village Mawa Sindhian Tehsil Amb, District Una (HP). Khasra No.3466/135, 134,136, 138, 139, 140, 141 and 142 Kita-8 measuring 0-10-37 Hectares owned by the State of H H.P. 3 3. That in the Ejectment proceedings initiated before the ld. Assistant Collector 1st Grade, Amb District Una, the above named persons have appeared in the said Court on 23.4.2010 and sought time for filing their written reply to the notices issued to them U/S 163 of the H.P. Land Revenue Act. The alleged encroachers have filed their reply on 22.5.2010 and now the case is fixed for consideration for 5.6.2010. Besides this, preliminary departmental inquiry has also been ordered against the erring officials for delaying the submission their report in time. In addition to above, all allegations levelled in para No.3 of the C.W.p., the matter has been taken up with the Block Development Officer, Gagret and due action will be examined/taken on receipt of requisite information.” The writ petition is hence disposed of with a direction to the second respondent to finalize the proceedings within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition. Needless to say that the affected parties will also be afforded an opportunity of hearing in the process and it will be open to them to take all available contentions before the second respondent. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 22nd July, 2010 ( Justice Rajiv Sharma), (tr) Judge.