Petitioner challenged a show cause notice regarding alleged trespass on land. Court held petition premature as final view awaited reply submission.
Writ petition dismissed; direction to Director to take final view within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10th DAY OF MARCH, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.398 of 2022
Between:-
SMT. SARLA MEHTA WIFE OF SH KAMLESH R/O VILLAGE SUNDHA & BHONDA, TEHSIL CHIRGAON, DISTRICT SHIMLA, PRESENTLY WORKING AS CHAIRMAN, NAGAR PANCHAYAT, CHIRGAON, DISTRICT SHIMLA H.P.
…..PETITIONER
( BY SH.V.D. KHIDTTA, ADVOCATE )
AND
1. THE STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (URBAN DEVELOPMENT), GOVT. OF H.P. SHIMLA-2. 2. THE DIRECTOR (URBAN DEVELOPMENT) GOVT. OF H.P. TALLAND SHIMLA-2.
3. SMT. BABITA NEGI WIFE OF SH RAMAN KUMAR, R/O VILLAGE AND P.O. CHIRGAON,
2
DISTRICT SHIMLA, H.P. PRESENTLY WARD MEMBER OF NAGAR PANCHYAT CHIRGAON, DISTRICT SHIMLA, H.P.
…..RESPONDENTS
( SH. ASHOK SHARMA, ADVOCATE GENERAL WITH MR.NAND LAL THAKUR, ADDITIONAL ADVOCATE GENERAL, FOR R-1 & R-2 SH. VIRENDER THAKUR, ADVOCATE, FOR R-3)
This petition coming on for orders this day, Hon’ble
Mr. Justice Mohammad Rafiq, passed the following:
O R D E R
This writ petition has been filed by Baby Thakur, challenging the show cause notice dated 30.12.2021 issued to her by the Director, Urban Development, Himachal Pradesh. By the aforesaid show cause notice, the petitioner has been required to appear before the Director for personal hearing alongwith supporting documents to show her title on the land in dispute on which she is alleged to be trespasser as per the complaint made by Babita Negirespondent No.3
has not filed the reply to the show cause notice and will be filing the same within one week. In our considered view, the present petition
3
has been filed at a premature stage, as the Director, Urban Development, Himachal Pradesh has yet to take final view of the matter after filing of the reply to the show cause notice. We, therefore, dispose of the writ petition, requiring the petitioner to appear before the Director, Urban Development, Himachal Pradesh, who shall take a final view of the matter within a period of two months from the date of production of a copy of this order by either of the parties.
of.
March 10, 2022 (vt)
( Jyotsna Rewal Dua ) Judge
1 issue framed by the court
Whether a writ petition challenging a show cause notice is maintainable before the issuance of any further orders.
Baby Thakur
The State of Himachal Pradesh
Babita Negi
Mohammad Rafiq
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
