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2020 DIGILAW 153 (HP)

Mangal Dass v. State Of H. P.

2020-02-13

VIVEK SINGH THAKUR

body2020
JUDGMENT Vivek Singh Thakur, J. (Oral) - CMP No.2034 of 2020 Allowed and disposed of. CWP No.711 of 2020 2. It is submitted by learned counsel for the petitioner that eviction order dated 18.09.2019 passed against him by the Assistant Collector Grade-I, Nankhari, District Shimla, have been assailed by filing appeal under Section 14 of the H.P. Land Revenue Act , before the Collector Sub-Division Rampur, by the petitioner, wherein, the petitioner had also preferred an application for stay of the impugned order passed by the Assistant Collector Grade-I, but the said application has been dismissed by the Collector Sub-Division, Rampur on 11.02.2020 and despite applying copy of the said order on the same day, the said order has not been supplied to the petitioner till date and further pursuant to eviction order passed by the Assistant Collector Grade-I, warrant of eviction has been issued, wherein, the petitioner has been ordered to be evicted on 14.02.2020 and the petitioner intends to assail the dismissal of order passed in the application for stay preferred by him before the Collector Sub-Division, Rampur, but for want of copy of the order, he is not able to do so. 3. It is submitted by learned Additional Advocate General that petitioner has statutory remedy to assail the dismissal of application for stay preferred by him before the Collector Sub-Division under H.P. Land Revenue Act and the petitioner may assail the said order by resorting to the appropriate remedy before the Divisional Commissioner, but not invoking the jurisdiction of this Court under Article 226 of the Constitution of India. 4. It is contended on behalf of the petitioner that for want of supply of the impugned order passed by the SubDivisional Collector, petitioner is not able to assail the same before the appropriate form and thus, the present petition. 5. 4. It is contended on behalf of the petitioner that for want of supply of the impugned order passed by the SubDivisional Collector, petitioner is not able to assail the same before the appropriate form and thus, the present petition. 5. Considering the entire facts and circumstances, the present petition is disposed of with a direction to Sub-Divisional Collector, Rampur to ensure supply of copy of the order passed by him in application of stay in appeal preferred by petitioner under Section 14 of H.P. Land Revenue Act against the order dated 18.09.2019 passed by Assistant Collector Grade-I, on or before 20.02.2020 and the petitioner is directed to produce copy of this order before Sub-Divisional Collector, on or before 15.02.2020 and receiving the copy of order, petitioner shall avail remedy available to him, if advised so, before the appropriate Forum under Land Revenue Act on or before 29.02.2020 and the said Forum shall consider the prayer in proceeding before him, if any, initiated on behalf of the petitioner before 29.02.2020, in accordance with law on its own merit, without being influenced by any observation/order passed by this Court in present petition. 6. Subject to availing remedy by the petitioner before Divisional Commissioner and consideration of prayer therein, of the petitioner on first hearing, the petitioner shall not be evicted pursuant to order dated 18.09.2019 passed by the Assistant Collector Grade-I till then and warrant of eviction shall be kept in abeyance during intervening period. 7. The appropriate Forum/Divisional Commissioner shall disposed of the appeal/proceedings preferred by the petitioner, as expeditiously as possible, but preferably on or before 20.04.2020, as the said appeal, if any, preferred would only be with respect to rejection of stay application by the Sub-Divisional Collector, Rampur. The petition stands disposed of in the aforesaid terms, so also pending application(s), if any. Copy dasti.