Himachal Pradesh High Court
Ram Lal And Another vs . State Of H.P. on 30 January, 2025
Ram Lal and another vs. State of H.P.
Cr. Revision No. 68 of 2025
30.01.2025 Present: Mr. Arsh Chauhan, Advocate for the petitioner.
Mr. Manoj Chauhan, Additional Advocate
General, or the respondent-State.
Cr.M.P. No. 387 of 2025
Mr. Manoj Chauhan, learned Additional
Advocate General accepts notice on behalf of the
respondent-State.
No reply is intended to be filed to this
application. The present application has been filed for
placing on record the certified copy of the conditional
order dated 13.09.2024, which was affirmed by the
impugned order; hence, the copy of the order is necessary
for the adjudication of the dispute pending before the
Court. Consequently, the application is allowed and the
certified copy of the order dated 13.09.2024 is ordered to be
taken on record.
Application stands disposed of.
Cr.M.P. No. 385 of 2025
Since the applicant is permitted to place on
record a certified copy of the conditional order dated
13.09.2025 passed by learned SDM Rohru vide order passed
in Cr. M.P (M) No. 387 of 2025; hence, the present
application has become infructuous, and it is accordingly
disposed of.
Cr.M.P. No. 382 of 2025
Learned Sub Divisional Magistrate, Rohru
made the conditional order dated 13.09.2024 absolute vide
the impugned order dated 11.12.2024. He also directed the
petitioners to permit the laying of the sewage line through
their land and in case of failure, to disconnect all the public
utilities including the sewage line, accessibility of water
and electricity. Prima facie, the order dated 11.12.2024 is
beyond the scope of the conditional order dated 13.09.2024.
Secondly, it is based on the inspection conducted by the
learned SDM and not the evidence led before him. Thirdly,
the State could not have been permitted to utilise the
petitioner’s land for laying sewerage without acquiring it
or taking and the order passed by learned SDM depriving
the petitioners of their property except as per the law is
beyond the scope of Section 157 of Bhartiya Nagrik Surksha
Sanhita (BNSS). Hence, the order dated 11.12.2024 passed
by learned SDM, Rohru is ordered to be stayed till further
orders.
Reply, if any, be filed within four weeks.
Cr. Revision No. 68 of 2025
Mr. Manoj Chauhan, learned Additional
Advocate General accepts notice on behalf of the
respondent-State.
Record of the learned Trial Court be
requisitioned.
List the matter thereafter.
(Rakesh Kainthla)
Vacation Judge
30th January,2025
(Nikita)