High CourtsSingle Bench(2018) 01 SHI CK 0033

Krishna Devi vs Deputy Commissioner, Kullu and Anr.

High Court Of Himachal Pradesh · Decided on 18 January 2018

HON’BLE JUDGES
Sandeep Sharma
RESULT
Disposed off
CASE NUMBER
189 of 2018

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Judgment

18 paragraphs · 336 words
1.

Averments contained in the present petition filed under Article 226 of the Constitution of India as well as documents annexed therewith suggest

that the petitioner being aggrieved and dis-satisfied with order dated 14.12.2017, passed by the learned Deputy Commissioner, Kullu, District

Kullu, H.P., in case No. 04/DC/ULB/2017, preferred a revision petition before the Secretary (Urban Development), Govt. of Himachal Pradesh,

praying therein to quash and set-aside order dated 14.12.2017, passed by the Deputy Commissioner, whereby the Deputy Commissioner, while

suspending resolution No. 20 of meeting of Nagar Panchayat, Bhunter, held on 15.10.2015, ordered for demolition of shops within a period of 15

days.

2.

It has been stated at Bar by the learned Counsel for the petitioner that revision petition having been preferred by the petitioner, has been heard

finally but no final order has been passed and petitioner is apprehending demolition of shops pursuant to order passed by the Deputy

Commissioner and as such, prays that till the time revision petition is decided by Secretary (Urban Development), order passed by the Deputy

Commissioner may be stayed.

3.

Documents placed on record further suggest that petitioner had also filed an application for interim direction seeking therein stay of order passed

by the Deputy Commissioner, but no order has been passed on the same, rather Secretary (Urban Development) to the Government of Himachal

Pradesh, has reserved the judgment/order in the matter.

4.

Consequently, in view of the aforesaid, present petition is disposed of with direction to the Secretary (Urban Development) to the Government

of Himachal Pradesh, to decide the revision petition having been preferred by the petitioner, expeditiously and till the disposal of revision petition

referred herein above, no coercive action shall be taken by respondents No. 1 and 2 to comply with order dated 14.12.2017, passed by the

Deputy Commissioner, Kullu. Needles to say, respondent No.1 shall be at liberty to take appropriate action after disposal of the revision petition

pending before the Secretary (Urban Development). Pending application(s), if any, also stand disposed of accordingly.