IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11409 of 2011-D. Decided on: December 27, 2011. Sh. Prem Singh Thakur son of Sh. Alam Chand, Resident of Village and PO Kuthar, Tehsil Theog, District Shimla, H.P. ……….Petitioners. Versus 1. State of Himachal Pradesh through the Principal Secretary, Shimla-2. 2. The Secretary (Forest), to the Government of H.P. Shimla-2. 3. The Secretary (Revenue), to the Government of H.P. Shimla-2. 4. The Collector, Shimla, District Shimla, H.P. 5. Superintendent of Police, Vigilance Department, Shimla-9. 6. D.F.O. Theog, Tehsil Theog, District Shimla, H.P. 7. Assistant Collector Ist Grade, Theog, Tehsil Theog, District Shimla, H.P. 8. Patwari, Patwar Circle, Kuthar, Tehsil Theog, District Shimla, H.P. 9. Sh. Ramesh Son of Sh. Sita Ram, resident of village Khanewra, Tehsil Theog, District Shimla, H.P. 10. Sh. Runder Singh son of Sh. Sita Ram, resident of village Khanewra, Tehsil Theog, District Shimla, H.P. 11. Sh. Partap Singh son of Sh. Sita Ram, resident of village Khanewra, Tehsil Theog, District Shimla, H.P. 12. Sh. Ravinder Singh son of Sh. Moti Ram, resident of Village Khanewra, Tehsil Theog, District Shimla, H.P. ……….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the petitioner: Mr. Anupinder Rohal, Advocate, vice counsel. For the respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG for respondents No. 1 to 8. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with mainly with the following prayer:- 2 “i) That the respondents No. 1 to 8 may be directed to produce total record of the case, rules and regulations prohibiting the encroachment upon the government land. ii) That the respondents may kindly be directed to take immediate and stern action against the respondents No. 9 to 12 and the illegal and unauthorized encroachment as made by the respondents No. 9 to 12 and clearly depicted in demarcation report Annexure P-4 may kindly be ordered to be removed at the costs, risks and expenses of the respondents No. 9 to 12. iii) That the respondent No. 5 may kindly be directed to register criminal case against the respondents No. 9 to 12 for making encroachment upon the forest land as per the orders of this Hon’ble Court passed in another C.W.P.” 2. It is seen that the Deputy Commissioner is seized of the matter, as can be seen from Annexure P-4. There will be a direction to the 4th respondent- Deputy Commissioner to take a final decision in the matter after affording an opportunity of hearing to the parties and also the petitioner within a period of three months from the date of production of the copy of this judgment alongwith a copy of the writ petition before the 4th respondent. 3. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. December 27, 2011, ( Justice Dev Darshan Sud), (karan) Judge.