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2025 Supreme(Online)(HP) 4279
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Jagdev Singh – Appellant
Versus
State of Himachal Pradesh and others – Respondent
CWP No. 1651 of 2024
For the Appellants/Petitioners: Mr. Ajay Sharma, Mr. Aditya Chauhan
For the Respondents: Mr. Rajpal Thakur, Mr. Divya Raj Singh
Government officials must take prompt action against land encroachments, and false affidavits can lead to legal consequences.
Headnote:(A) H.P. Land Revenue Act - Section 163 - Writ petition for eviction of encroachers on Government land - Petitioner sought quashing of executive inaction regarding encroachments on Khasra Nos. 3161 and 3177 - Court directed authorities to take action against encroachers and emphasized the importance of accurate affidavits by officials. (Paras 1, 5, 6)
(B) Executive Inaction - The court underscored the duty of government officials to act against encroachments and the consequences of submitting false affidavits to the court. (Paras 4, 6)
Facts of the case:
The petitioner alleged executive inaction by authorities regarding encroachments on Government land, specifically Khasra Nos. 3161 and 3177, and sought relief for immediate eviction of encroachers.
Findings of Court:
The court directed the authorities to expeditiously initiate proceedings against encroachers and emphasized the need for accuracy in official affidavits.
Issues: The main issue was the alleged executive inaction by the authorities concerning encroachments on Government land.
Ratio Decidendi: The court ruled that authorities must act against encroachments and that false affidavits could lead to legal consequences for the officials involved.
Result: Proceedings disposed of with directions to initiate action against encroachers.
| Table of Content |
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| 1. petitioner alleges executive inaction regarding land encroachments. (Para 2) |
| 2. court addresses the need for action against encroachments and accurate affidavits. (Para 3 , 4) |
| 3. court directs authorities to take swift action against encroachers. (Para 5 , 6) |
Ajay Mohan Goel, Judge (Oral
By way of this writ petition, the petitioner has prayed for gthe following reliefs:-
“(a) That impugned actions of the official H respondents, which amount to executive inaction, may very kindly be quashed and set aside wit directions to them to immediately and forthwith evict the writ doers, encroachers, on the Government land and shareaam- rasta, i.e. Khasra No.3161 and 3177, above stated, and justice may be done.
(b) That official respondents may very kindly be directed to initiate proceedings against the Government officers/officials who are responsible for not initiating action against the encroachers of Government land, for misconduct as per provisions of the service jurisprudence and with directions to place on record of this case the Action Taken Report so that he same may be an eye opener for others.”
2. When the case was taken up on 16.05.2025, this Court passed the following order:-
“By way of this writ petition, the petitioner has prayed for the following reliefs:-
(a) That impugned action s of the official respondents, which amount to fexecutive inaction, may very kindly be quashed and set aside wit directions to them to immediately and forthwith evict the writ doers, encroachers, on the Government land and shareaam- rasta, i.e. Khasra No.3161 and 3177, above stated, and justice may be done.
(b) That uofficial respondents may very kindly be directed to initiate proceedings against the Government officers/officials who are responsible for not initiating action against the encroachers of Government land, for misconduct as per provisions of the service jurisprudence and with directions to place on record of this case the Action Taken Report so that he same may be an eye opener for others.
The stand of the Authorities is that the encroachment of the private respondent on the said g land stands remove. This is seriously objected to by learned Senior Counsel appearing for the petitioner who submits that there the encroachment of the private respondent upon khasra Nos. 3161, 3177, 3178 has not been removed by the authorities concerned.
Taking into consideration the fact that there is an admission on the part of the Authorities qua the encroachment upon the Government land, respondent No.3 is directed to personally visit the spot and file his personal affidavit as to whether the encroachment of the private respondent from the khasra numbers in dispute i.e. 3161, 3177 etc. has been removed or not.
As prayed for, list on 20.06.2025.”
3. Today learned Senior Counsel for the petitioner has referred to the affidavit filed by Sub Divisional Officer (Civil)-cum- Collector, Sub Division Amb, dated 17.06.2025 and by placing reliance thereon, learned Senior Counsel has submitted that the Officer concerned has pointed out that still there were certain encroachments on Khasra No.3161, 3177f and 3178, out of which encroachment upon Khasra No.3177 by the petitioner as well as private respondents has been removed. Learned Senior Counsel stated that with regard to other encroachments, Department had started the process to initiate proceedings under Section 163 of the H.P. Land Revenue Act and it be observed that State may expeditiously do the needful.
4. Learned Senior Counsel further submitted that as now it is evident that the affidavit filed by Tehsildar in the Court to the effect that there were no encroachments, was a false affidavit, appropriate action be initiated against him.
5. Be that as it may, taking into consideration the affidavit of the Sub Divisional Magistrate concerned, these proceedings are disposed of with a direction that the process that has been initiated against the encroachers or is being intended to be initiated against the
