IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 4663 of 2009. Decided on: 22nd September, 2011. Nathu Ram. ….. Petitioner. -Versus- State of Himachal Pradesh and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. : Mr. T.S. Chauhan, Advocate. For respondents No. 1 to 3. : Mr. J.K. Verma, Deputy Advocate General. None for respondent No. 4. ------------------------------------------------------------------------------------------ Justice Rajiv Sharma, J. (Oral): Case of the petitioner, in a nut-shell, is that respondent No. 4 has encroached upon the forest land. Respondent No. 2 has filed a detailed reply, paragraph No. 3 whereof reads as follows: “3. In reply to para No. 3, it is submitted that the respondent No. 4 has encroached the Forest land by way of constructing a House & Sehan in Forest land Khasra No. 229/1, measuring 0-4-4 bighas instead of Khasra No. 227/1, situated in Muhal Ahen/243 and he has also encroached upon the Forest land Khasra No. 14/2/1, measuring 7-8- 12 bighas by way of constructing a Cowshed, 2 Latrine and Fields. The encroachment case file No. 16/08 and 17/08 regarding to it have already been sent to the Divisional Forest Officer Suket Forest Division Sundernagar vide Tehsildar, Sundernagar office Dispatch No. 329 and 330 dated 20.9.2008 for taking necessary action as per law against the respondent No. 4. It is wrong that no action has been taken by the replying respondent.” 2. In view of the contents of paragraph quoted hereinabove, respondents No. 1 to 3 are directed to initiate the proceedings for eviction of respondent No. 4 by invoking Section 163 of the Himachal Pradesh Land Revenue Act. Respondents No. 1 to 3 are also directed to register a case against respondent No. 4 under the Forest Act. These proceedings shall be concluded by the respondents within a period of three months from today. 3. With the aforesaid observations/directions, the petition stands disposed of, so also the pending application(s), if any. Authenticated copy to the parties. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. September 22, 2011. (bhupender/K. Attri)