Himachal Pradesh High Court

CWP/2134/2007 of ASHWANI KUMAR AWASHTI Vs UNION OF INDIA on 27 December 2007

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of 2007 27.12.2007 Present : Mr.Ramakant Sharma, counsel for the petitioner. Mr.Sandeep Sharma, Assistant Solicitor General for respondent No.1. Mr.M.S.Chandel, A.G. with Mr.R.M.Bisht, Dy.A.G. for respondents 2&3. The petitioner by means of this writ petition has prayed for the grant of

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27.12.2007 Present : Mr.Ramakant Sharma, counsel for the petitioner.

Mr.Sandeep Sharma, Assistant Solicitor General for respondent No.1. Mr.M.S.Chandel, A.G. with Mr.R.M.Bisht, Dy.A.G. for respondents 2&3.

The petitioner by means of this writ petition has prayed for the grant of following amongst other reliefs:

“(i)That the respondents may very kindly be directed to release the water supply to the land of the petitioner allotted in Murabba No.129/51 in Chak 1 L.M. (B) P.O.1 S.K.M. Kangra Colony, Tehsil Gharsana, District Sri Ganganagar (Rajasthan) for irrigation purpose and the link road leading to the aforesaid land of the petitioner may also kindly be ordered to be restored to him in the interest of justice.”

The petitioner has admittedly is an oustee of the Pong Dam and has admittedly been allotted land in Rajasthan for rehabilitation. The grievance of the petitioner is that there is no water supply and irrigation facilities in the land allotted in Rajasthan and no road has been constructed to connect his land with the Highway. We are of the clear-cut opinion that this Court has no jurisdiction to entertain this writ petition. The remedy, if any, of the petitioner is to approach the High Court of Rajasthan since the entire cause of action arises within the State of Rajasthan. Petition is accordingly disposed of.

(Deepak Gupta), Judge December 27, 2007 ( V.K. Ahuja ) PV Judge.

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