Rattan Lal vs State Of H.P. And Others

Tarlok Singh Chauhan, J

Aggrieved by the order dated 31.03.2020 (Annexure P-3), whereby the petitioner was directed to shift his saw mill on the ground that the same was over the land of some other person i.e. Dhiyan Singh S/o Sh. Chain Singh, has approached this Court by way of present writ petition for the grant of following substantive reliefs:

“(i) Directing the respondents not to revoke/cancel the registration of saw mill which is registered vide registration No. 13/1982 as Annexure P-1.

(ii) To quash notice dated 31.03.2020, Annexure P-3, issued by the respondent.”

On 13.07.2020, this Court passed the following order:

“Heard. Taking into consideration the nature of the dispute involved in the instant writ petition, we are of the considered opinion that the same can be conveniently resolved by getting the land demarcated. Accordingly, Assistant Collector, 1st Grade, Kasauli, District Solan, is directed to demarcate the land in question in accordance with law by visiting the spot on 27th July, 2020 and thereafter submit his/her report to the Registry of this Court within a period of two weeks.”

It is not in dispute that as per the demarcation carried out by the Assistant Collector, 1st Grade, Kasauli, the land in question does not belong to the petitioner.

In such circumstances, the petitioner has no other option, but to vacate the land in question for which he is granted six months’ time subject to his furnishing clear cut undertaking before this Court.

The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any.