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2015 DIGILAW 1413 (HP)

Vinod Gandotra v. State of Himachal Pradesh

2015-10-06

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. This writ petition has been treated as public interest litigation and orders have been passed from time to time. 2. In sequel thereto, respondent No. 1 has filed compliance affidavit. It is apt to reproduce para 6 of the said affidavit herein: "That in exercise of the power vested under Section 267 of H.P. Municipality Act, 1994, direction has been issued by the Replying Respondent/Deponent vide letter No. UDE(3)15/ 2005I dated 19 August, 2013 to Executive Officer, Municipal Council, Dalhousie, Distt. Chamba to take action in the matter of violations highlighted in the fact finding report submitted by the Director, Urban Development on 16.8.2013, against the violators in accordance with the provision of the H.P. Municipal Act, 1994 & Leasing out of Stalls/Shops constructed by the Municipalities in Himachal Pradesh Rules, 2001. The copy of the aforesaid letter dated 19 August, 2013 is annexed as R1/1." 3. In terms of the said compliance affidavit, the Principal Secretary (UD) to the Government of Himachal Pradesh had made a communication to the Executive Officer, Municipal Council, Dalhousie, District Chamba, on 19.08.2013, and had asked him to take action in the matter. It is apt to reproduce the last para of the said communication (Annexure R1/1) herein: "Now therefore, in exercise of the power under Section 267 of H.P. Municipal Act, 1994, direction is hereby given to Municipal Council, Dalhousie, Distt. Chamba to take action in the matter of said violations done by the above shopkeepers in accordance with the provision of the H.P. Municipality Act, 1994 & Lease Rules 2001 framed under the ibid Act." 4. In the given circumstances, we deem it proper to direct the Executive Officer, Municipal Council, Dalhousie, District Chamba, H.P. to take the proceedings to its logical end and report compliance before respondent No. 1, who shall, in turn, submit compliance report before the Registrar (Judicial) of this Court. The entire exercise be done within twelve weeks. 5. The writ petition is disposed of accordingly alongwith all pending applications. 6. Registry to convey the orders to all concerned.