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Judgment
Mohammad Rafiq, CJ
This writ petition has been filed by the petitioner in peculiar circumstances directly before this Court against the orders dated 23rd March, 2021, passed by the Assistant Collector, 1st Grade, Ghanari, District Una, H.P. (Annexure P-5), 18th September, 2021, passed by the Collector Sub Division, Gagret, District Una, H.P (Annexure P-6) and (Annexure P-9) despite the availability of alternative remedy before the Divisional Commissioner, Dharmshala because as per the assertion of the petitioner, he is holding additional charge of the office of Director of Sports, located in Government Secretariat, Shimla and is unable to hold regular office of the Division Commissioner, Dharmshala.
Subsequent to the filing of the writ petition, the petitioner discovered that the Divisional Commissioner, Dharamshala is also holding the additional charge of Secretary (Youth and services), Government of Himachal Pradesh, the Appellate Tax Tribunal, Dharmshala and the Secretary (Fisheries) to the Government of Himachal Pradesh.
The contention of the learned counsel for the petitioner is that though the petitioner has filed an appeal in the office of the Divisional Commissioner, Dharmshala, which has given the date of hearing on 26th November, 2021, but, the petitioner apprehends that the respondent may execute the impugned orders against him, pursuant to which, not only the petitioner would be dispossessed but he would have to pay the fine.
In the facts and circumstances, we dispose of the present writ petition with a direction to the Divisional Commissioner, Dharamshala to take up the appeal and decide the same or at least an application for appropriate interim order positively on 26th November, 2021. Till the disposal of the application for appropriate interim order or the appeal, whichever is earlier, the execution of the impugned orders dated 23rd March, 2021, passed by the Assistant Collector, 1st Grade, Ghanari, District Una, H.P. (Annexure P-5), 18th September, 2021, passed by the Collector Sub Division, Gagret, District Una, H.P (Annexure P-6) and (Annexure P-9) shall remain stayed.
Pending application(s), if any also stand(s) disposed of.
Copy dasti.