High CourtsDivision Bench(2020) 09 SHI CK 0204

Bishamber Singh Rana vs State Of H.P And Ors

High Court Of Himachal Pradesh · Decided on 7 September 2020

HON’BLE JUDGES
Sureshwar Thakur, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2370 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 270 words

Sureshwar Thakur, J

1.

Since respondent No.4, has, commenced the statutory proceedings against respondents No.5 and 6, for, the latters purportedly deviating from the sanctioned plan, thereupon, until respondent No.4, concludes the afore proceedings, hence, sub judice before him, thereupon, this Court may not have the jurisdiction, to, entertain the extant writ petition.

2.

Consequently, the extant writ petition is disposed of with a direction, to, co-respondent No.4, to, within eight weeks from today, conclude the statutory proceedings raised against co-respondents No.5 and 6, and, in the afore proceedings, respondent No.4, shall grant an opportunity, of, being heard, to, both, the writ petitioner, and, to, co-respondents No.5 and 6. Moreover, respondent No.4, is also directed, to, within the afore period, hence, ensure that a valid demarcation of the relevant site is conducted by the Assistant Collector 1st/2nd Grade, Dharamshala, for, ascertaining whether respondents No.5 and 6, rather making purported encroachments upon the land co-owned and possessed by respondent No.4. After the report of the afore Demarcating Officer, is, placed before co-respondent No.4, the petitioner and co-respondent, No.5 and 6, shall appear before him, and, thereafter a decision in accordance with law, would come to be recorded by co-respondent No.4, upon, the afore demarcation report, and, also, upon the afore, drawn statutory proceedings. Moreover, as submitted by Shri Ashwani Sharma, the learned Senior Advocate, no order prejudicial, to, the interest of any, of, the contesting litigants, shall be pronounced, unless, all adequate opportunity, of, adducing evidence, and, also, of, addressing argument(s), is, afforded to all. Accordingly, the extant writ petition is disposed of. No costs. All pending applications stand disposed of.