INDER SINGH Vs. ASSTT. ENGINEER AND ANR.

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India for quashing the order dated 16th February, 1993 passed by Collector, Jogindernagar, under the Himachal Pradesh Roadside Land Control Act, 1968 (hereinafter to be called as "the Act"), whereby the present Petitioner has been directed to remove the second storey of the building situated at R.D./KM 169/785 situated in village Hiun/373 on Pathankot Chakki Mandi Road within three months. The Collector on 13th November, 1991 issued a notice in the name of the present Petitioner, whereby the Petitioner was informed that on information received by the Assistant Engineer, H.P.P.W.D. National Highway, Sub Division Gumma Distt. Mandi, H.P. and after due enquiry the Collector was satisfied that Petitioner had constructed a house over the land comprised in Khasra No. 329/1 in Mohal Hiun/373 in Tehsil Jogindernagar, Distt. Mandi, which was under the controlled area as per Sec. 5(a) of the aforesaid Act. The Petitioner was required to appear before the Collector on 19th November, 1991 to show cause why the Petitioner be not ejected from the aforesaid premises. The Petitioner preferred the reply and contested the averments made in the show cause notice.

(2.) The Collector, Jogindernagar, after hearing the parties and recording the evidence, ordered the Petitioner to remove the second storey of the building situated at R.D./KM 169/785 situated in village Hiun/373 on Pathankot Chakki Mandi road within three months. This order was passed on 16th February, 1993.

(3.) The Petitioner assailed the aforesaid order before the Sessions Judge, Mandi, who after hearing the parties, came to the conclusion that no appeal was maintainable before the Sessions Judge and accordingly the appeal on the ground of maintainability was dismissed.