MANGAL DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) CMP No.2034 of 2020 Allowed and disposed of. CWP No.711 of 2020

(2.) It is submitted by learned counsel for the petitioner that eviction order dated 18.09.2019 passed against him by the Assistant Collector Grade-I, Nankhari, District Shimla, have been assailed by filing appeal under Section 14 of the H.P. Land Revenue Act, before the Collector Sub-Division Rampur, by the petitioner, wherein, the petitioner had also preferred an application for stay of the impugned order passed by the Assistant Collector Grade-I, but the said application has been dismissed by the Collector Sub-Division, Rampur on 11.02.2020 and despite applying copy of the said order on the same day, the said order has not been supplied to the petitioner till date and further pursuant to eviction order passed by the Assistant Collector Grade-I, warrant of eviction has been issued, wherein, the petitioner has been ordered to be evicted on 14.02.2020 and the petitioner intends to assail the dismissal of order passed in the application for stay preferred by him before the Collector Sub-Division, Rampur, but for want of copy of the order, he is not able to do so.

(3.) It is submitted by learned Additional Advocate General that petitioner has statutory remedy to assail the dismissal of application for stay preferred by him before the Collector Sub-Division under H.P. Land Revenue Act and the petitioner may assail the said order by resorting to the appropriate remedy before the Divisional Commissioner, but not invoking the jurisdiction of this Court under Article 226 of the Constitution of India.