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2020 Supreme(HP) 473

SANDEEP SHARMA
Jawahar Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Daleep Singh Kaith, Advocate, Sudhir Bhatnagar, Advocate, Kunal Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs:-

    (i) That writ in the nature of mandamus may kindly be issued, directing the respondents to acquire the land of the petitioner measuring 6.50 biswas compromised in Khasra No.955, Khewat No. 43/42 min, Khatauni No.1366/135min, situated in Mohal Shaneri, Patwar Circle Shingla, Tehsil Rampur, District Shimla, Himachal Pradesh within time bound period, since the respondents have used the above mentioned land of the petitioner for the construction of Shingla to Shaneri road.

      (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to grant the compensation to the petitioner at the market value of the land prevailing at present as per the ratio laid down by this Hon'ble Court as well as Hon'ble Apex Court."

      2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that the land of the petitioner bearing Khasra No.955, Khewat No. 43/42min, Khatauni No.1366/135min, situate in Mohal Shaneri, Patwar Circle Shingla, Tehsil Rampur, District Shimla, H.

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