IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. R.S.A. No. 330 of 2007. Decided on 23rd December, 2011. _____________________________________________________ Zamidarans of Phutan area of Village Namgia, Tehsil Pooh, District Kinnaur, H.P. through their representatives namely: 1. Shri Ati Ram, son of Shri Zimba Guru. 2. Shri Mohinder Singh, son of Shri Narjang Chhering. 3. Shri Gialbo Ram, son of Shri Dewa Ram. 4. Shri Hira Lal, son of Shri Ringzing. 5. Shri Mena Ram, son of Shri Thachang Chhering. …Appellants. -Versus- 1. Union of India through the Secretary, Ministry of Defence, New Delhi. 2. Union of India through the Secretary, Ministry of Home Affairs, New Delhi. 3. The Commandant, 17th Bn.ITB Police Force, P.O. Rekong Peo, District Kinnaur, H.P. 4. Er. D.P.Dhankhar, Commandant (Engr.), SHO (HP), ITB Police, PO Tara Devi, District Shimla (HP)-10. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the appellants. : Mr. Ajay Kumar, Advocate. For the respondents. : Mr. Sandeep Sharma, Assistant Solicitor General of India. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Mr. Sandeep Sharma, learned Assistant Solicitor General of India has placed on record a copy of Memorandum dated 19th December, 2011, paragraph No. 2 whereof reads thus: 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - “2. In this regard it is intimated that DG ITBP has approved to allow controlled passage to the villagers under supervision of ITBP.” 2. Mr. Sandeep Sharma, learned Assistant Advocate General submits that only the residents of village can be permitted to use the passage between 9:00 a.m. 12:00 noon and 4:00 p.m. to Sunset. 3. In view of the fair stand adopted by the ITBP, the present Regular Second Appeal is disposed of. The parties shall abide by the conditions enumerated hereinabove and in case of any difficulty, it shall be open to the parties to approach this Court. The pending application(s), if any, also stands disposed of. (Rajiv Sharma) Judge December 23, 2011. (bhupender) - 3 -