NISHANT MAHAJAN Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Petitioners have preferred the instant petition under Article 227 of the Constitution of India for grant of following reliefs:-

(2.) The case of the petitioners is that respondent No.2 Divisional Forest Officer, Kullu in the capacity of Collector under Himachal Pradesh Public Premises (Rent Recovery and Eviction) Act 1971 (for short 'Act') has passed an order of eviction under Sec. 4 of the Act against respondents No.4 and 5 vide order dtd. 22/8/2022 passed in case No. 1(M)/2021/2022, titled State of H.P. vs. Block Development Officer Naggar and another in respect of land comprised in Khasra No.1328 in Village Simsa, Tehsil Manali, District Kullu, H.P.

(3.) Petitioners claim right of passage to their private land through the land which is subject matter of aforesaid eviction order. As per petitioners, immediately after passing of the eviction order dtd. 22/8/2022 passed by respondent No.2, the petitioners approached respondent No.2 by way of an application to set aside the ex-parte order dtd. 22/8/2022 and thereafter to hear them in the case. Respondent No.2 rejected their application, which prompted the petitioners to approach respondent No.1 by way of an appeal under Sec. 9 of the Act against order dtd. 22/8/2022 passed by respondent No.2.