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2017 DIGILAW 889 (HP)

Pritam Singh v. State Of H. P.

2017-08-01

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

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JUDGMENT Dharam Chand Chaudhary, J. (Oral) - Order dated 29.6.2017 passed by learned Single Judge in CWP No. 682 of 2010 is under challenge in this appeal. It appears that learned Single Judge, on perusal of supplementary affidavit filed by the Deputy Commissioner, Hamirpur and order dated 23.6.2017 passed by the Assistant Collector 1st Grade, Barsar, has directed that the encroachment from the government land be removed within one week and compliance report filed in the Court. 2. We have summoned the original record i.e. file No. 1 of 2010/14 of 2012 from Assistant Collector 1st Grade, Barsar Circle, District Hamirpur with regard to proceedings initiated under Section 163 of H.P. Land Revenue Act against the appellant herein (respondent No. 5 in the writ petition). The proceedings so initiated against him were ordered to be dropped on the statement made by learned counsel that the appellant herein has removed the encroachment at his own from the government land. 3. The record further reveals that on 23.6.2017 the Assistant Collector ordered the ejectment of the appellant from the government land and issued warrant of ejectment after having taken note of ejectment proceedings initiated against him and also that the same at one stage were dropped on 20.9.2016 on the statement made by learned counsel representing him. However, as per order passed on 23.6.2017 the Field Kanungo and Patwari Halqua had inspected the spot on 22.6.2017 and noticed that the encroachment still exists there. The Assistant Collector after going through the report submitted by Field Kanungo and Patwari Halqua has ordered the ejectment of the appellant straightway without fresh notice to him or affording opportunity of being heard. 4. In our considered opinion, on coming to know about the so called encroachment over the government land still in existence at the spot, the Assistant Collector 1st Grade, Barsar should have issued a notice to the appellant and passed appropriate order(s) in accordance with law after affording him the opportunity of being heard. The order passed on 23.6.2017, to our mind, is in violation of the principle of natural justice. Warrant of ejectment Annexure R-5 to the supplementary affidavit filed by the Deputy Commissioner, Hamirpur in this appeal issued on the basis of order so passed by the Assistant Collector behind the back of the appellant herein is also not legally sustainable. 5. The order passed on 23.6.2017, to our mind, is in violation of the principle of natural justice. Warrant of ejectment Annexure R-5 to the supplementary affidavit filed by the Deputy Commissioner, Hamirpur in this appeal issued on the basis of order so passed by the Assistant Collector behind the back of the appellant herein is also not legally sustainable. 5. The appellant, who is respondent No. 5 in the writ petition, has yet to file reply thereto. We feel that it would have in the ends of justice had the order qua ejectment of the appellant, if any, been passed by learned Single Judge after taking into consideration his version in the matter. 6. Therefore, the impugned order is quashed and set aside and the appeal disposed of with a direction to the appellant/respondent No. 5 to file his response to the pending writ petition within two weeks from today. Learned Single Judge shall thereafter consider the matter afresh and pass appropriate order after hearing the parties on both sides, of course uninfluenced by the observations, if any, made in this appeal on merit. It is however made clear that the writ petition being of 2010 is an old one and in case reply is not filed by the appellant/respondent No. 5 within the time granted, his defence shall stand struck off and same to be disposed of finally. 7. The parties to appear before learned Single Judge on 18.8.2017. Appeal stands disposed of. All pending miscellaneous application(s), if any, also stands disposed of.