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2018 Supreme(HP) 712

SANDEEP SHARMA
Parkash Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Romesh Verma, Advocate.
For the Respondents:Mr. Dinesh Thakur, Additional Advocate General with Mr. Amit Kumar, Deputy Advocate General, Mr. Sunny Dhatwalia, Advocate.

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of present petition filed under Art. 227 of the Constitution of India, petitioner, while raising an important question with regard to competence of a Gram Panchayat to adjudicate a dispute inter se two individuals with regard to encroachment over private land, has laid challenge to order dated 18.10.2016 (Annexure P-5) passed by the learned Sub Divisional Magistrate, Tehsil Barsar, District Hamirpur, Himachal Pradesh, in Case No. 5 of 2015 and order dated 7.7.2010 (Annexure P-1) passed by the Gram Panchayat, Sour, Tehsil Barsar, District Hamirpur, Himachal Pradesh.

2. For having a bird’s eye view, facts in brief, as emerge from the record are that respondent No.3, Gram Panchayat, Sour, taking cognizance of a complaint having been filed by respondent No.4, to the effect that the petitioner has encroached upon certain portion of his private land, initiated proceedings for encroachment against the petitioner, under the provisions of Himachal Pradesh Panchayati Raj Act, 1994. Careful perusal of order dated 7.7.2010, passed by Gram Panchayat, Sour, respondent No.3, suggests that the demarcation of the land in dispute was got conducted by the Panchaya




























































































































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