Himachal Pradesh High Court
Adarsh Thakur vs . State Of H.P. & Ors. on 20 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
Adarsh Thakur Vs. State of H.P. & Ors.
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CMP No. 12530/2022 20.09.2022 Present: Mr. Ajay Thakur, Advocate vice Mr. Avneesh Bhardwaj, Advocate, for the petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for the respondents.
Stand over till 21.09.2022.
r to ( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Karnail Singh Rana Vs. State of H.P. & Ors.
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CWP No. 5926/202220.09.2022 Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for respondent Nos.1 to 3.
CWP No. 5926/2022Notice. Mr. Adarsh Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent Nos.1 to 3 and seeks time to file reply.
Issue notice to respondent No.4, returnable by four weeks, on taking steps within one week.
Stand over for four weeks.
CMP No. 11845/2022The application is disposed of with a direction to the applicant/petitioner to file English translation copy of documents in issue well before the next date of hearing.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Ram Dass Vs. State of H.P. & Ors.
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CWP No. 5922/202220.09.2022 Present: Mr. Romesh Verma, Advocate, for the petitioner.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
CWP No. 5922/2022Notice. Mr. Ranjan Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Stand over for four weeks.
CMP No. 11842/2022The application is disposed of with a direction to the applicant/petitioner to file English translation copy of documents in issue well before the next date of hearing.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Ram Dass Vs. State of H.P. & Ors.
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CWP No. 5922/202220.09.2022 Present: Mr. Romesh Verma, Advocate, for the petitioner.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
CWP No. 5922/2022Notice. Mr. Ranjan Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Stand over for four weeks.
CMP No. 11842/2022The application is disposed of with a direction to the applicant/petitioner to file English translation copy of documents in issue well before the next date of hearing.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Ajmer Singh Vs. State of H.P. & Ors.
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CWP No. 5919/202220.09.2022 Present: Mr. Vijay Thakur, Advocate vice Mr. Sanjeev K. Suri, Advocate, for the petitioner.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
List the present petition with LPA No.165/2021, which is listed before Special Division Bench, today itself.
r ( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Mohan Lal Vs. State of H.P. & Ors.
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CWP No. 6013/202220.09.2022 Present: Mr. Vijay Thakur, Advocate vice Mr. Sanjeev K. Suri, Advocate, for the petitioner.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
List the present petition with LPA No.165/2021, which is listed before Special Division Bench, today itself.
r ( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Raj Kapoor Vs. State of H.P. & Ors.
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CWP No. 5920/202220.09.2022 Present: Mr. Vijay Thakur, Advocate vice Mr. Sanjeev K. Suri, Advocate, for the petitioner.
Mr. Ranjan Sharma, Additional Advocate General, for the respondents.
List the present petition with LPA No.165/2021, which is listed before Special Division Bench, today itself.
r ( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Narpat Vs. State of H.P. & Ors.
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CWP No. 5172/202220.09.2022 Present: Mr. Rajiv Rai, Advocate, for the petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for the respondents.
CMP No. 10318/2022For the reasons assigned in the application, the same is allowed and delay in re-filing the petition is condoned. The application to stand disposed of.
CMP No. 13030/2022This is an application for the amendment of the petition.
The petition being at the pre-admission stage, hence, we allow the application for the amendment of the petition.
Amended memo of parties be placed on record. Application to stand disposed of.
CWP No. 5172/2022Notice. Mr. Adarsh Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Stand over for three weeks.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Bhagat Ram & Ors. Vs. UOI & Ors.
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CWP No. 5105/202220.09.2022 Present: Mr. Naresh Kumar Tomar, Advocate, for the petitioners.
Mr. Balram Sharma, ASGI, for respondent Nos.1 to 3 and 5.
Mr. Ranjan Sharma, Additional Advocate General, for the respondent Nos. 7 to 12.
CWP No.5105/2022Notice. Mr. Balram Sharma, learned Assistant Solicitor General of India and Mr. Ranjan Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondent Nos.1 to 3 & 5 and 7 to 12, respectively and seek time to fie reply.
Stand over for four weeks.
CMP No. 10546/2022The application is disposed of with a direction to the applicants/petitioners to file English translation copy of documents in issue well before the next date of hearing.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Asha Sisodia & Anr. Vs. State of H.P. .
CMP(T) No. 1079/2020 in Ex. Pet. No. 1/201820.09.2022 Present: Mr. M.L. Sharma, Advocate, for the petitioners.
Ms. Ritta Goswami, Additional Advocate General, for the respondent.
Ms. Ritta Goswami, learned Additional Advocate General states that the case of the petitioners is under consideration by the Finance Department.
Stand over till 19.10.2022.
( A.A. Sayed ) Chief Justice ( Jyotsna Rewal Dua ) Judge 20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Arsh Dhanotia Vs. State of H.P. & Anr.
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CMP No. 13009 of 2022 IN CWPIL No. 57/202120.09.2022 Present: Mr. Bhawani Pratap Singh, Advocate, for the applicant/petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for the respondents.
This application has been filed in CWPIL No.57/2021.
The prayer in the application read as follows:-
"It is, therefore, humbly prayed that present application may kindly be allowed and strict directions may be issued to the Respondents in working towards making Pahari (Himachali) as one of the official language of State of Himachal Pradesh, and other prayers as in the original petition may also be taken into account, and, this Hon'ble Court may pass any other order as it may deem fit in the interest of justice and fair play."
2. While disposing of the CWPIL on 08.11.2021, the following order was passed:-
"Notice. Mr. Vikas Rathore, learned Additional Advocate General, accepts notice on behalf of the respondents. Heard.
2. This Civil Writ Public Interest Litigation has been filed with a prayer that the respondents-State be directed to declare Pahari (Himachali) as one of the official languages in the State of Himachal Pradesh in any script and also direct them to promote further research towards a long-term formal Pahari (Himachali) nuclear language structure and nuclear Tankri script. It is also prayed that the State Government be directed to promote Pahari (Himachali) and other local languages as the medium of instruction in primary and middle level schools as per the New Education Policy, 2020 and to demand ::: Downloaded on - 21/09/2022 20:05:06 :::CIS the inclusion of Pahari (Himachali) language as a separate category for the 2021 Census and .
simultaneously undertake an awareness campaign to create awareness amongst the masses, especially the youth of the State who speak Pahari (Himachali), to get it marked as their mother tongue in the upcoming Census.
3. In response to the query pointed out by this Court, the learned Counsel for the petitioner did not dispute that dialect of the Pahari spoken in different areas of the State of Himachal Pradesh, differs from area to area. Even Mr. Ashok Sharma, learned Advocate General, assisted by Mr. Vikas Rathore, learned Additional Advocate General, submitted that not only the dialects of Pahari language would differ from one District to another District of the State but even in single District of the State, in different areas, different dialects of Pahari language are spoken.
4. In the facts of the case, as stated above, direction as has been prayed for, cannot be issued to the State Government until and unless it is established on record that the Pahari (Himachali) language has its own script and that a common Pahari dialect is spoken throughout the State of Himachal Pradesh. We, however, set the petitioner at liberty to approach the Department of Language Art & Culture to the Government of Himachal Pradesh with his demand for undertaking a research with a view to promoting a common Pahari (Himachali) nuclear language structure and nuclear Tankri script. If the petitioner approaches the respondents-State through its Additional Chief Secretary (Language Art & Culture) to the Government of Himachal Pradesh) for the prayer made in the Civil Writ Public Interest Litigation, it would be for the said authority to consider the same in accordance with law.::: Downloaded on - 21/09/2022 20:05:06 :::CIS
5. With the aforesaid directions, the Civil Writ Public Interest Litigation is disposed of. Pending .
miscellaneous application(s), if any, shall also stand disposed of."
3. We fail to understand how such application can be filed when the very issue has already been considered and decided in the main CWPIL. The application is accordingly dismissed.
r to ( A.A. Sayed )
Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Yash Pal Rana & Anr. Vs. State of H.P. & Ors.
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CWP No. 1753/202220.09.2022 Present: Mr. Rajnish Maniktala, Sr. Advocate with Mr. Naresh Verma, Advocate, for the petitioners.
Mr. Adarsh Sharma, Additional Advocate General, for respondent No.1.
Mr. Anshul Attri, Advocate, for respondent Nos.2 to 6.
Stand over for next week.
( A.A. Sayed )
r Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS Sanjeev Kumar Bhandari Vs. State of H.P. & Ors.
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CWP No. 3987/202220.09.2022 Present: Mr. Anil Kumar, Advocate, for the petitioner.
Mr. Adarsh Sharma, Additional Advocate General, for the respondents.
Stand over till 21.09.2022.
( A.A. Sayed )
r Chief Justice
( Jyotsna Rewal Dua )
Judge
20th September, 2022(Rohit) ::: Downloaded on - 21/09/2022 20:05:06 :::CIS