SHEETAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER has filed the present writ petition seeking directions to the respondents/State to remove respondent No.7 immediately from the post of member of Zila Parishad, Jukhala Ward, District Bilaspur, H.P. The elections for the said post were held in December, 2005 and respondent No.7 has already ceased to be a member of the Zila Parishad, Jukhala Ward, after completing her term. Therefore, the relief in question cannot be granted in favour of the petitioner. The petitioner has also prayed that the respondents No.1 to 6 may be directed to remove the encroachment and redeem the land from respondents No.7 and 8. Respondents No.1 to 5/State in their reply, in preliminary submissions, had clearly pleaded that Tehsildar, Sadar, after conducting the inquiry as per law furnished his report wherein he found that the husband of respondent No.7 is an encroacher of forest land and the encroachment file in this regard has been submitted to the office of respondent No.6 for ejectment proceedings against the encroacher. The proceedings are stated to be pending before respondent No.6.

(2.) THEREFORE , the writ petition is disposed of with a direction to respondent No.6 to conclude the proceedings pending before him within a period of six months from today. In case encroachment, if any, is found, appropriate action, as per law, shall be taken/recommended by him. A copy of this judgment be sent to respondent No.6 by the learned Assistant Advocate General. Petitioner is also directed to file a copy of this judgment before respondent No.6, for compliance. The petition stands disposed of accordingly, so also the pending application(s), if any.