IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1943 of 2010. Decided on: 18th March, 2011. Bir Singh. …Petitioner. Vs. State of H.P. & others. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Pankaj Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondents No.1 to 4. Mr. Anand Sharma, Advocate, for respondent No.5. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) That the petitioner in facts and circumstances of the case prays that the respondent No.5 be directed to remove this illegal construction on NH-22 along with other encroachers which has caused damage to the building of the petitioner and has become a environment hazard and hindrance to the free movement of plying of the traffic along the NH-22 at Village Nirath, Tehsil Rampur, District Shimla, H.P. (ii) That the respondent No.4 be directed to expedite the dispossession proceedings against the other encroachers along the National Highway in this area as well. 2 (iii) That the National Highway Authority has specific provisions under the control of National Highways (Land and Traffic Act) with regard to the violation of traffic movement to oust the illegal occupants/encroachers particularly respondent No.5 and the same be complied with.” 2. It is seen from the reply on behalf of State that the proceedings against the fifth respondent are pending before the fourth respondent, Collector. Therefore, without expressing any opinion on the merits of the contentions taken by the parties and leaving open all those contentions, this writ petition is disposed of directing the fourth respondent to take a final decision in the matter within a period of two months from the date of production of a copy of the judgment either by the petitioner or by any other party. 3. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 18th March, 2011. (Justice V.K. Ahuja), (tr/cs) Judge. 3