Pritam Chand V/s State of Himachal Pradesh & Others

Information Type: Judicial Information
Court: High Court
High Court Name: High Court of Himachal Pradesh, Shimla
Date of Judgment(s): 2014-04-07
Case No: 6609/2013
Case Type: Writ Petition (Civil)
Judge Name: Rajiv Sharma
Subject: Civil Law
Statutes / Acts: Himachal Pradesh Panchyati Raj Act, 1994
Section: 122 (1) (c)
Bench Strength: Single Bench
Advocate: Archana Dutt (P1), M.A. Khan (R1-R3), Ajay Sharma (R4) & None for others
State of Appellant(s): Himachal Pradesh
Case Note / Description :

The menace of encroachment on the Government land has assumed alarming proportion. Section 122 (1) (c) has been incorporated to curb this tendancy of encroachments made on Government land by unscrupulous persons. The Government land belongs to all and all out efforts must be made to protect the same. PW-1 Yagya Dutt and PW-2 Ashok Kumar have categorically deposed that petitioner has encroached upon the Government land comprised in Khasra No.347/1 measuring 0-14-17 hectares. He himself has submitted an application for regularization. The finding of fact recorded by both the authorities cannot be interfered in the writ jurisdiction. There is neither any perversity nor any illegality in the orders passed by both the authorities below. The authorities below have correctly appreciated oral as well as documentary evidence led by the parties.

Himachal Pradesh Panchayati Raj Act, 1994

 
 
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