IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 109 of 2010 Decided on: December 29, 2010. Shiv Ram ……….Appellant. Versus Ashok Kumar & ors. ……….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the appellant: Mr. Lalit K. Sharma, Advocate. For the Respondents: Mr. R.K.Bawa, AG with Mr. J.K.Verma, Dy. AG. for respondents No. 2 to 4. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) This appeal is directed against the judgment dated 15th July, 2010 in CWP No. 516 of 2008. The issue essentially pertains to the challenge made to the Election of the petitioner as Pradhan of Gram Panchayat, Powari. The SDM set aside the election on the ground that the appellant was an encroacher. However, the Deputy Commissioner set aside that. The same was challenged in the writ petition by the private respondent. Learned Single Judge took the view that finding of fact entered by the SDM cannot be interfered with by the Appellate Authority, in the absence of any other material. Thus, aggrieved the appeal is filed by the Pradhan. Though, the private respondent is served, there is no appearance. 2. In the LPA, this Court directed the respondents No. 3 and 4 to file an affidavit as to whether the appellant is an encroacher. In the affidavit thus filed on 10th September, 2010, it is stated as follows:- “That as per the directions of the Hon’ble High Court, report into the matter was sought from the Tehsildar Kalpa and as per his report no case of encroachment on Govt. land has ever been registered in his office against Sh. Shiv Ram i.e. the Petitioner. As such it is evident that there is neither actual and physical 2 possession of the Petitioner on any Govt. land nor he has been in possession and enjoyment of any Govt. land as on the date of nomination i.e. 2.12.2005.” 3. In view of the categoric statement of fact as above, the judgment under appeal is set-aside, the appeal is allowed and the writ petition is dismissed. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 29, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.