Himachal Pradesh High Court
Baba Balak Nath Temple vs Smt on 6 September, 2021
Bench: Ravi Malimath, Jyotsna Rewal Dua
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 6th DAY OF SEPTEMBER, 2021 BEFORE .
HON'BLE MR. JUSTICE RAVI MALIMATH, ACTING CHIEF JUSTICE & HON'BLE MS. JUSTICE JYOTSNA REWAL DUA LETTERS PATENT APPEAL No.284 of 2012 Between:-
1. BABA BALAK NATH TEMPLE TRUST, DEOTHSIDH, DISTRICT HAMIRPUR, H.P., THROUGH ITS COMMISSIONER-CUM-DEPUTY COMMISSIONER, HAMIRPUR, DISTRICT HAMIRPUR, H.P.
2. COMMISSIONER, BABA BALAK NATH TEMPLE TRUST, DEOTHSIDH, COMMISSIONER-
CUM-DEPUTY COMMISSIONER, HAMIRPUR, DISTRICT HAMIRPUR, H.P.
3. CHAIRMAN, BABA BALAK NATH TEMPLE TRUST, DEOTHSIDH-
CUM-S.D.M. BARSAR, DISTRICT HAMIRPUR, H.P.
4. PRINCIPAL, BABA BALAK NATH SANSKRIT COLLEGE CHAKMOH, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P. ....APPELLANTS (SH. K.D. SOOD, SR. ADVOCATE WITH SH. HET RAM THAKUR, ADVOCATE) AND SMT. SHAKUNTLA DEVI, WIFE OF SH. LEKH RAM, RESIDENT OF VILLAGE AND ::: Downloaded on - 31/01/2022 23:01:17 :::CIS 2 POST OFFICE CHAKMOH, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P., PRESENTLY WORKING AS STENO TYPIST, BABA BALAK .
NATH SANSKRIT COLLEGE, CHAKMOH, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P. ....RESPONDENT (BY SH. BHUVNESH SHARMA, ADVOCATE) ______________________________________________________ This Appeal coming on for orders this day, Hon'ble Mr. Justice Ravi Malimath, delivered the following:
r JUDGMENT CMP No.15755 of 2019.
This application is filed seeking to recall the order dated 06.12.2018, passed by this Court in LPA No.284 of 2012, titled Baba Balak Nath Temple Trust, Deothsidh & others versus Smt. Shakuntla Devi.
2. In terms of the said order, Mr. Bhuvnesh Sharma, learned counsel for the writ petitioner, submitted that there were instructions to withdraw the writ petition. Accordingly, the writ petition was dismissed as withdrawn. While doing so, directions were issued to the respondent-Commissioner. Subsequently, various orders have been passed said to be in compliance.
Contempt petitions were also filed seeking disobedience.
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appellants submits that once a petition is dismissed as withdrawn, the question of issuing directions is improper. Therefore, all the .
further proceedings subsequent to the said order are non-est. The same is defended by the learned counsel for the respondent.
4. On hearing learned counsels, we find that the application is required to be allowed. Once a writ petition has been dismissed as withdrawn and that too before the Appellate Court, no further directions could have been issued.
5. It is needless to state that once an order is passed, issuing directions thereafter, is improper. Consequently, we also hold that all further proceedings subsequent to the order dated 06.12.2018 passed by this Court or otherwise by the respondent, are deemed to be non-est. Consequently, the application is allowed.
The order dated 06.12.2018, passed by this Court in LPA No.284 of 2012, titled Baba Balak Nath Temple Trust, Deothsidh & others versus Smt. Shakuntla Devi, is reviewed and recalled. The submissions of the writ petitioner's counsel to withdraw the writ petition are accepted. The CWP No.823 of 2009, titled Smt. Shankuntla Devi versus Baba Balak Nath Temple Trust, and others, stands dismissed as withdrawn.
6. The application is disposed off.
::: Downloaded on - 31/01/2022 23:01:17 :::CIS 4LPA No.284 of 2012.
7. The appeal is disposed off, being the writ petition .
dismissed as withdrawn. Liberty is reserved to the respondent to pursue such remedies as available to her.
r to ( Ravi Malimath )
Acting Chief Justice
( Jyotsna Rewal Dua )
September 06, 2021 Judge
(Yashwant)
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