HARNAM SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition has been filed for the following substantive reliefs:-

(2.) It is averred that the petitioner belongs to almost down trodden family and is having two daughters, who are studying in 10th and 10+2 standard, respectively. Petitioner has about 8-10 bighas of land out of which 6 bighas is a dhank i.e. totally uncultivable and his average family income from agriculture land is about Rs. 2 lacs to Rs. 3 lacs, that too, depending on the season. Since, the income of the petitioner was not sufficient to meet the requirements and needs of the family, therefore, the petitioner encroached upon National Highway and raised a dhaba about 8-9 years ago which does not create any hindrance to the free flow of traffic and, therefore, should not be ordered to be demolished.

(3.) It is further averred that the private respondent, who happens to be a cousin of the petitioner, is inimical towards him and has filed a complaint to the authorities to the effect that the petitioner had been wrongly and illegally running a dhaba on the National Highway, therefore, he be evicted from the said place.