Ajay Mohan Goel, J. - (1.) By way of this writ petition, petitioner has challenged the order passed by learned Sub Divisional Collector, Karsog, District Mandi in file No. 15 of 2010, dated 12.1.2010, Annexure P-3, under the provisions of H.P. Public Premises and Land (Eviction & Rent Recovery) Act, 1971 and the order passed by learned Divisional Commissioner, Mandi, District Mandi in case No. 73 of 2011, dated 19.5.2011, Annexure P-4 in appeal under Section 9 of the H.P. Public Premises Act, vide which, the present petitioner has been ordered to be evicted from the government land, comprised in Khasra No. 503/250/1, which as per the respondent-State, was encroached upon by the present petitioner, which land stood acquired by the respondent-State for the purpose of construction of karsog-Parlog road.
(2.) Brief facts necessary for the adjudication of the present case are that an application was filed under H.P. Public Premises Act, 1971, (hereinafter referred to as "the 1971 Act"), by Assistant Engineer, HPPWD, Sub Division, Karsog before Sub-Divisional Collector, Mandi to the effect that the petitioner had encroached upon the government land belonging to HPPWD by way of construction of house over khasra No. 503/250/1, situated in Mohal Kau, Tehsil Karsog measuring 0-0-9 bighas. As per the applicant/Assistant Engineer, land was owned by the state of Himachal Pradesh and was in the possession of Public Works Department and the same stood acquired for the purpose of construction of Karsog-Parlog road for public utility. It was further the case of applicant that encroachment of the same by Muni Lalpetitioner was causing hindrance to the users of same and on these basis, the application was so filed to get the said land vacated from Muni Lal, petitioner and for having possession thereof delivered to the applicant.
(3.) Vide order dated 20.3.2006, said application was allowed by Sub-Divisional, Collector, Mandi, exercising powers conferred upon him under Sub Section (1) of Section 5 of the 1971 Act who ordered Muni Lal to vacate the said premises within 30 days of the date of publication of the said order.;