Himachal Pradesh High Court
Sunita Sharma vs . State Of H.P. And Others on 22 January, 2025
Sunita Sharma vs. State of H.P. and others
CWP No. 1499 of 2025
22.01.2025 Present: Mr. Sanjeev Bhushan Sr. Advocate, with Mr. C.D.
Negi, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate
General, for respondents No. 1 to 4/State.
Notice. Mr. Diwakar Dev Sharma, learned Additional
Advocate General, appears and waives service of notice on
behalf of respondents No. 1 to 4. On taking steps within three
days, issue notice to respondent No.5, returnable on 17th
March, 2025. Reply by the respondent/State be filed within a
period of four weeks. Rejoinder, if any, be also filed before the
next date of hearing.
List on 17th March, 2025
CMP No. 1808 of 2025
The present petition has been filed, feeling aggrieved
by the office order dated 17.01.2025 i.e. Annexure P-7
whereby the petitioner, who is an elected member of the
Municipal Council has been disqualified on the allegations that
her husband has encroached upon government land.
From a perusal of the impugned order, it is evident
that the Tehsildar Manali had conducted an inquiry with
respect to an alleged encroachment made by Prem Sharma,
husband of the present petitioner/applicant. The report as is
evident from the impugned annexure was submitted vide letter
dated 01.01.2025.
What is interesting to note in the case at hand is that
initiation of proceedings under Section 163 of the H.P. Land
Revenue Act by issuance of an appropriate show cause notice
to the husband of the petitioner was only taken out on 2nd
January, 2025. The same is evident from Annexure P-8 i.e.
show cause notice issued in furtherance of Section 163 of the
Land Revenue Act.
In view of the aforesaid, it is evident that the factum of
alleged encroachment made by the husband of the present
applicant is yet to be established by an appropriate authority
under law. The balance of convenience lies in favour of the
present applicant. Grave Irreparable loss shall be caused, if in
case, operation of Annexure P-7 i.e. office order dated
17.1.2025 is not stayed.
In view of the aforesaid, impugned Annexure P-7 i.e
office order dated 17.1.2025 is stayed till further orders. The
application stands disposed of. .
(Bipin C. Negi)
Vacation Judge
January 22, 2025
Tarun
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