Himachal Pradesh High Court
Unknown vs Sh. Rohit Jamwal on 15 October, 2020
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
CWP No.3782 of 2020.
15.10.2020. Present : Mr. Loveneesh Thakur, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1 to 3.
Mr. Neel Kamal Sharma, Advocate, for respondent No.4.
Mr. Shyam Singh Chauhan, Advocate, for respondent No.5.
(Through Video Conferencing) Reply on behalf of respondents No.1 to 3 is stated to have been filed, whereas, learned counsel for respondent No.4 states that the reply is being filed during the course of the day.
Let all these replies be traced and placed on record, even if, they are under objection. Mr. Shyam Singh Chauhan, Advocate, has put in appearance on behalf of respondent No.5. He prays for and is granted three weeks' time to file reply. List for consideration on 05.11.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.3892 of 2020.
15.10.2020. Present : Mr. Varun Chandel, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the respondents.
(Through Video Conferencing) Learned counsel for the petitioner states that even though his services have not been dispensed with, however, his presence has not been marked by the respondents. The respondents are directed to mark the presence of the petitioner.
Reply, as prayed for, be filed within two weeks. List for consideration on 29.10.2020.
Authenticated copy of this order be supplied by the Court Master to the learned counsel for the parties.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.3939 of 2020.
15.10.2020. Present : Mr. Onkar Jairath, Advocate, for the petitioners.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1 to 5-State.
Mr. Tara Singh Chauhan, Advocate, for respondents No. 6 and 7.
Mr. K.D.Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for respondent No.8.
(Through Video Conferencing) Replies on behalf of respondents No. 1 to 3 and 8 are stated to have been filed. The same be placed on record, even if, these replies are under objection. Replies on behalf of the remaining respondents be filed within four weeks. List for consideration on 19.11.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.4098 of 2020.
15.10.2020. Present : Mr. Tara Singh Chauhan, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the respondents.
(Through Video Conferencing) Learned Additional Advocate General prays for and is granted two weeks' further time to file reply. List on 29.10.2020.
Interim order to continue.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) 15th October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWPOA No.5638 of 2020.
15.10.2020. Present : Mr. Dalip K. Sharma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the respondents.
(Through Video Conferencing) CMP-T No. 2019 of 2020.
The application filed by the applicant/petitioner seeking therein interim directions to appear in the interview of batch-wise counseling for recruitment of post of Language Teacher which is going to start from 19.10.2020 and would continue to 24.10.2020 is clearly misconceived because as per the case of the petitioner herself, she acquired the necessary qualification of B.Ed. only in the year 2015 and had passed Teacher Eligibility Test (TET) in the year 2014. Essentially, a batch has to be considered from the date of passing of the exams pertaining to the essential qualification and not earlier to that as is being sought by the petiitoner. Accordingly, the application is dismissed.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWPOA No.6254 of 2020.
15.10.2020. Present : Mr. Vivek Singh Attri, Advocate, for the petitioners.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1 to 3-State.
Respondents No. 4, 5, 7 to 11 are present in person.
(Through Video Conferencing) Learned counsel for the applicants/petitioners states that the services of respondents No. 4 to 13 have been regularized only after this Court had issued notices to the said respondents on 15.09.2020. If that be so, the same indeed is a serious matter. Therefore, let the records of regularization of these respondents be produced on the next date of hearing.
List on 29.10.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) 15th October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWPOA No.6596 of 2020.
15.10.2020. Present : Mr. Neel Kamal Sharma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1 to 3.
Mr. Vinod Thakur, Advocate, for respondent No.4.
(Through Video Conferencing) Admit. List the case for hearing on 29.10.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP FAO (FC) No.5 of 2019.
15.10.2020. Present : Ms. Garima Kuthiala, Advocate, for the appellant.
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Mr. Ashwani K. Sharma, Senior Advocate with Mr. Mayank Sharma, Advocate, for the respondent.
(Through Video Conferencing) CMP No. 9105 of 2020.
Allowed as prayed for. The application stands disposed of.
CMP No. 9104 of 2020.
Issue notice. Mr. Mayank Sharma, Advocate, appears and waives service of notice on behalf of the respondent. Reply be filed before the next date of hearing. List on 19.11.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CMP No. 9433 of 2020 in Ex.
Petition No. 96 of 2019.
15.10.2020. Present : Mr. Sanjeev Bhushan, Senior Advocate with Mr. Vijay .
Kumar Verma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No. 1 to 4-State.
(Through Video Conferencing) The learned Additional Advocate General has placed on record the instructions dated 14.10.2020, the relevant portion whereof reads as under:
"In this regard it is submitted that in compliance to the directions of Hon'ble High Court in COPC No. 147/2019 titled as Anil Kumar vs. Sh. Rohit Jamwal, after calculating the Grant in Aid an amount of Rs.10,85,953/-
was deposited in the registry of Hon'ble Court. The Execution Petition and Contempt Petitiion filed by the petitioner were disposed of by Hon'ble High Court accordingly on 3rd September, 2020. Now, the petitioner has filed the CMP for the release of the above mentioned Grant in Aid which was deposited in Registry by the respondent State. The respondents have filed the Review Petition in CWP No. 2005/2018 titled as Anil Kumar Vs. State of H.P. and others, in the Hon'ble High Court which is pending adjudication. It is humbly requested that the amount of Grant in Aid may not be released in favour of the petitioner till the Review Petition is decided by this Hon'ble Court."
Learned Additional Advocate General for the respondents/petitioners states that since the review petition is barred by limitation, a separate application being CMP(M) No. 1874 of 2019 has been filed for condonation of delay in filing ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP -2- the review petition. Therefore, list this execution petition with .
the review petition before the appropriate Bench.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP Ex. Petition No. 23 of 2020.
15.10.2020. Present : Mr. Tara Singh Chauhan, Advocate, for the petitioner.
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Mr. Navlesh Verma, Advocate, for the respondents.
(Through Video Conferencing) Learned counsel for the petitioner states that requisite affidavit has been filed on 09.10.2020. If in order, be placed on record. Learned counsel for the respondents prays for and is granted two weeks' time to obtain instructions. List on 05.11.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.2319 of 2018.
15.10.2020. Present : Mr. Tara Singh Chauhan, Advocate, for the petitioners.
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Mr. Manik Sethi, Advocate vice Mr. Rahul Mahajan, Advocate, for respondent No.1.
(Through Video Conferencing) Despite as many as five opportunities, the petitioners have failed to file rejoinder. Therefore, right to file rejoinder is closed.
List the case for final hearing on 29.10.2020.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.2324 of 2020.
15.10.2020. Present : Mr. P.P. Chauhan, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the respondents.
(Through Video Conferencing) Admit. Pleadings be completed within twelve weeks. List thereafter for hearing on 07.01.2021.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.2661 of 2020.
15.10.2020. Present : Mr. Navlesh Verma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No.1 and 2.
Mr. J.L. Bhardwaj, Advocate, for respondent No.3.
(Through Video Conferencing) Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.3188 of 2020.
15.10.2020. Present : Mr. Ajit Sharma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No.1 to 4.
Mr. Naveen K. Bhardwaj, Advocate, for respondent No.5.
(Through Video Conferencing) Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.3298 of 2020.
15.10.2020. Present : Mr. P.M. Negi, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for respondents No.1 to 3.
Mr. Jeevesh Sharma, Advocate, for respondent No.4.
(Through Video Conferencing) Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP CWP No.3633 of 2020.
15.10.2020. Present : Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Bhupinder Thakur, Ms. Seema Sharma and Mr. Yudhbir Singh Thakur, Deputy Advocate Generals, for the respondents.
(Through Video Conferencing) Learned counsel for the petitioner prays for adjournment. List on 05.11.2020, as prayed for.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) th 15 October, 2020. Judge (krt) ::: Downloaded on - 15/10/2020 20:20:39 :::HCHP