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Himachal Pradesh High Court

Vinod Chauhan vs State Of Himachal Pradesh And Others on 6 July, 2023

Bench: Tarlok Singh Chauhan, Satyen Vaidya

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.143 of 2023.




                                                                        .
                                          Date of decision: 06.07.2023.





    Vinod Chauhan                                                 .....Petitioner.





                                    Versus
    State of Himachal Pradesh and others                      .....Respondents.
    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1 No
    For the Petitioner
                        r       :         Mr. Surender Verma, Advocate.

    For the Respondents :                  Mr.   Anup      Rattan,   Advocate
                                           General with Mr. I.N. Mehta, Senior
                                           Additional    Advocate     General,
                                           Mr.   Ramakant       Sharma,    Ms.



                                           Sharmila      Patial,    Additional
                                           Advocate Generals, Ms. Priyanka
                                           Chauhan,       Deputy     Advocate




                                           General and Mr. Rajat Chauhan,
                                           Law Officer, for respondent No.1.





                                           Mr.    Inderjit Singh   Narwal,
                                           Advocate, for respondent Nos. 2
                                           and 3.





    Tarlok Singh Chauhan, Judge (Oral)

CMP No. 8113 of 2023.

Learned counsel for the applicant-petitioner states that he is under instructions not to press this application. Consequently, the application is dismissed as not pressed.

Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 07/07/2023 20:37:21 :::CIS 2 CWP No. 143 of 2023.

2. The instant petition has been filed for grant of the .

following substantive reliefs:

"(a) That the writ petition may kindly be allowed and writ in the nature of mandamus may very kindly be issued, directing the respondents to allot the shop No.20 in the favour of the petitioner. Further direction be given to the respondent department that the petitioner may not be compelled/forced to restrain from doing his business till the final disposal of this writ petition.

(b) That the present writ petition may kindly be allowed in favour of the petitioner by directing the respondents to carry on his business at Phard No.5 and the Annexure P-6 of the petition may kindly be stayed during the pendency of this writ petition.

(c) That the respondent department may very kindly be directed to reorganize the auction process for the said shop No.20 and given the advantage to the petitioner therein and produced the entire record pertaining to the case of the petitioner for the kind perusal of this Hon'ble Court."

3. Learned counsel for respondent Nos. 2 and 3 fairly submits that since the highest bidder i.e. respondent No.4 is not turning up to take possession of the shop in question, therefore, these respondents have left with no other option, but to hand over the possession of the shop to the petitioner.

4. In this view of the matter, no further orders are required to be passed in this petition, save and except, that the possession .

of the shop be handed over to the petitioner latest by 15.07.2023.

5. The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any.

(Tarlok Singh Chauhan) Judge (Satyen Vaidya) Judge 6th July, 2023.

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