-1- IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C. W.P. No. 5565 of 2010. Decided on 29 th March, 2011. _________________________________________________________ Raj Kumar Verma …Petitioner. Versus State of H. P. and others. …Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. ¹Whether approved for reporting? For the Petitioner : Mr. Dushyant Dadwal, Advocate. For the respondents: Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. Rajinder Dogra, Addl. Advocate General for respondents No.1 & 2. Mr. Anand Sharma, Advocate, for respondent No.4. None for respondent No.3. Justice R. B. Misra,J. ( Oral) The present writ petition has been filed with the following prayer: “It is therefore respectfully prayed that keeping in view the facts and circumstances of the case and in view of the submissions made here in above the present petition may kindly be allowed and the respondents may kindly be directed to take an action against the respondent No.4 & against the erring officials with the further directions to the respondents to remove/pull down the illegal, unauthorized structure constructed/raised by the respondent No.4 by encroaching upon the -2- general path immediately which is being used by the general public. The petitioner humbly prays that the record of the entire case may also be summoned unto this Hon'ble Court for its kind perusal so that complete justice may be done to the petitioner.” 2. Several orders are passed on different dates, It has also been brought to our notice that amongst the private parties herein, litigation pertaining to property dispute or of civil nature, is pending before this Court. The present dispute is also purely of civil nature. Report of Revenue Officer is taken on record. Keeping in view the dispute of controversial nature between the parties, in our considered view, such dispute cannot be resolved under Article 226 of the Constitution of India. We do not exercise our discretionary jurisdiction under Article 226 of the Constitution. Without making any comments on the merits of the case, therefore, the present petition is dismissed. 3. The petition stands disposed of so also the pending application(s), if any. (Justice R.B. Misra) Judge March 29, 2011 (Justice V.K. Sharma) (jai) Judge