Himachal Pradesh High Court
CWP/2911/2017 on 27 December 2017
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---------------------------------------------------------------------- 1 Whether the reporters of the local papers may be allowed to see the judgment? .
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No. 2911 of 2017 Decided on: December 27, 2017 --------------------------------------------------------------------------- Sh. Amrik Singh …………….Petitioner
Versus
State of Himachal Pradesh and others ….Respondents ---------------------------------------------------------------------------
Coram
Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting? --------------------------------------------------------------------------- For the petitioner : Ms. Ambika Kotwal, Advocate.
For the respondents : Mr. M.A. Khan, Additional Advocate General with Mr. J.K. Verma and Mr. Kush Sharma, Deputy Advocate Generals. --------------------------------------------------------------------------- Dharam Chand Chaudhary, Judge (oral):
This writ petition has been filed for seeking a direction to the respondents to construct a “Pakka” road through the land entered in Khasra Nos. 1876, 1880 and 1881 situated in Mohal Thakurdwara and Khasra Nos. 722 and 1259 situated in Mohal Malkana, Tehsil Indora, District Kangra, over the “Kachha” road already in existence thereon. Besides, a direction to construct a bridge over the above said land belonging to the Government instead of private land bearing Khasra Nos. 1955 and 1956, has also been sought to be passed against the respondents. The complaint is that the respondents are changing the alignment of road and construction thereof over private land to the detrimental of the petitioner and other villagers. High Court of H.P. 2017:HHC:8755-DB ::: Downloaded on - 03/11/2026 00:09:55 :::CIS
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2. Keeping in view the nature of order we propose to pass in the present writ petition, response of the respondent- State is not required because petitioner and other villagers have served the respondents not only with legal notice, Annexure P-5 but also made representations, Annexures P-6 and P-7. The same have not been yet decided, may be due to no decision taken thereon by the competent authority.
3. Therefore, this writ petition is ordered to be treated as a representation by the Engineer-in-Chief, Himachal Pradesh Public Works Department, Shimla. A conscious decision in the matter shall be taken within one month from today after affording an opportunity of being heard, to the petitioner and other beneficiaries or anyone else having interest in this matter. Petitioner or other beneficiaries of the road shall also be at liberty to approach appropriate forum in accordance with law, if they still feel aggrieved and dissatisfied with the decision to be also taken by the Engineer-in-Chief, in the matter.
4. In view of above, the present petition is disposed of, alongwith pending application(s), if any. Copy dasti. (Dharam Chand Chaudhary) Judge
(Sandeep Sharma) Judge December 27, 2017 (vikrant) High Court of H.P. 2017:HHC:8755-DB ::: Downloaded on - 03/11/2026 00:09:55 :::CIS