Himachal Pradesh High Court
Court On Its Own Motion vs . State Of H.P. & Ors. on 18 March, 2024
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Jyotsna Rewal Dua
Court on its own motion Vs. State of H.P. & Ors.
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CMP No.3010/2024 in CWPIL No.146/2017 18.03.2024. Present: Mr. Rajneesh K. Lal, Advocate, for the applicant.
Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the respondents.
CMP no.3010/2024Heard learned counsel for the applicant and learned Deputy Advocate General, for the respondents.
2. Having regard to the order dt. 22.09.2017 in CWPIL no.146/2017, which permitted only functions meant for the students in campuses of Educational Institutions, the applicant is permitted to hold only Science and Book Fair and not the District Level Nalwar Fair on the grounds of Government Senior Secondary School Karsog, District Mandi, Himachal Pradesh between 01.04.2024 to 07.04.2024, subject to the conditions mentioned in the letter dt. 06.03.2024 of the Principal of the said school.
3. The Deputy Commissioner, Mandi shall ensure that under the guise of the Science and Book Fair, District Level Nalwar Fair is not organized as it could also probably violate the Model Code of Conduct, which has come into existence in the State of Himachal Pradesh.
::: Downloaded on - 18/03/2024 20:34:02 :::CIS4. In view of above, the application is disposed of.
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( M.S. Ramachandra Rao ) Chief Justice 18th March, 2024(rohit) r to ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 18/03/2024 20:34:02 :::CIS Sanjeev Kumar Vs. Sapna Devi .
CMP(M) No.156/2024 in FAO No._______/2024 18.03.2024. Present: Mr. Raju Ram Rahi, Advocate, for the applicant/appellant.
Arguments heard. Judgment reserved.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) ::: Downloaded on - 18/03/2024 20:34:02 :::CIS LSF Studio (OPC) Pvt. Ltd. Vs. UOI & Ors.
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CWP No.9824/202318.03.2024. Present: Mr. Goverdhan Lal Shama, Advocate, for the petitioner.
Mr. Balram Sharma, DSGI, for respondent No.1. Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the respondents.
Since already three months time has been granted to the respondents to file reply and no reply is filed, as a last chance, since further request is made, list on 12th June 2024.
Reply be filed to the said date without fail by the respondents.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) ::: Downloaded on - 18/03/2024 20:34:02 :::CIS State of H.P. & Ors. Vs. Mangat Ram .
CMP(M) No.367/202318.03.2024. Present: Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the applicants.
Ms. Meera Devi, Advocate, for the respondent.
CMP(M) No.367/2023This application is filed to condone the delay of 11 months and 19 days in filing the application for seeking review of the judgment dt. 25.03.2021 in CWP no.2008/2021. It is stated in the application seeking condonation of delay that the judgment of the High Court was examined at the various levels in the PWD Department, Superintending Engineer, Deputy District Attorney office of the Chief Engineer Mandi Zone, office of the Engineer-in-Chief HPPWD, Law Department and lastly the office of learned Advocate General, and the review petition came to be filed on 21.03.2023.
Though the reply has been filed opposing the condonation of delay, In the facts and circumstances of the case, and having regard to the ground on which the review is sought, we are inclined to condone the said period of delay on payment of costs of Rs.2,000/- to the respondent within four weeks. The application is disposed of.
::: Downloaded on - 18/03/2024 20:34:02 :::CISReview Petition No.______/2024 Be registered.
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List on 17th June 2024.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) ::: Downloaded on - 18/03/2024 20:34:02 :::CIS Yudhvir Singh & Anr. Vs. State of H.P. & Ors.
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CWP No.1458/202418.03.2024. Present: Mr. Vinod K. Thakur and Mr. Sumesh Raj, Advocate, for the petitioners.
Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for respondents No.1 & 2. Mr. Vikrant Thakur, Advocate, for respondent No.3.
Mr. Vijay Kumar Arora, Advocate, for respondent No.4.
CWP No.1458/2024 & CMP No.2032/2024 Notice. Mr. Rakesh Dhaulta, learned Additional Advocate General, Mr. Vikrant Thakur and Mr. Vijay Kumar Arora, learned counsel, appear and waive service of notice on behalf of respondents no.1 & 2, 3 and 4, respectively.
2. It is not in dispute that the petitioners are regularly appointed as Lecturers (Applied Science & Humanities) through a proper mode of selection, while the private respondents appear to have been appointed by the State on contract basis pursuant to a notification dt. 31.10.2015, without any proper process of selection, on the basis that they were engaged on hourly or period/lecture basis through Student Welfare Fund, Institute Management Committee(s) and under other schemes up to 31.07.2015 in Government Engineering College, Polytechnics and Industrial Training Institutes of the ::: Downloaded on - 18/03/2024 20:34:02 :::CIS Department of Technical Eduction Vocational & Industrial Training.
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3. The said notification itself per se runs contrary to the decision dt. 03.12.2014 in LPA no. 107/2014 and batch, wherein a finding was recorded at paragraph no.21 that such candidates, who have got appointment/engagement on hourly basis or seasonal basis, cannot claim regularization, not to speak of declaring him/them to have been appointed on contract basis.
4. The said notification also flies in the face of Constitution Bench judgment of the Supreme Court in Secretary, State of Karnataka and others Vs. Uma Devi (3) & Ors.1, which was followed in the said decision of the LPA.
5. In this view of the matter, there shall be an interim direction, as prayed for.
List on 21st May 2024.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) 1 (2006) 4 SCC 1 ::: Downloaded on - 18/03/2024 20:34:02 :::CIS Suresh Kumar Sharma Vs. State of H.P. Anr.
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CWP No. 1573/202018.03.2024. Present: Mr. Mehar Chand Jamwal, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Mr. Dalip Sharma, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the respondents.
Heard both the learned counsel.
2. Demarcation report perused. Demarcation report indicates that 36 square meters in Khasra no.148/1/1 falls within the HFL limit while 55 square meters in Khasra no.148/1/2 falls beyond the HFL limit. It also indicates that Khasra no.145 falls beyond the HFL limit.
3. Since the petitioner has purchased 160 square meters in both khasra numbers and since is agreed to surrender the 36 square meters falling within the HFL limit in Khasra no.148/1/1, he shall file a fresh affidavit agreeing to surrender the said 36 square meters in Khasra no.148/1/1 and also file a revised plan for making construction in the balance 124 square meters by the next date of hearing.
4. Learned counsel on both sides shall place before us the order passed by the Supreme Court recently regarding the Shimla Development Plan and observations made regarding NGT's order therein.
::: Downloaded on - 18/03/2024 20:34:02 :::CISList on 6th May 2024.
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( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) r to ::: Downloaded on - 18/03/2024 20:34:02 :::CIS State of H.P. & Anr. Vs. Ram Dayal & Ors. and connected matter .
RFA Nos. 351 and 159/2024 RFA No.351/201418.03.2024 Present: Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the appellants.
Ms. Devyani Sharma, Sr. Advocate with Mr. Anirudh Sharma, Advocate, for respondents No.1 and 2.
Respondent No.3 is stated to have expired.
RFA No.159/2014Ms. Devyani Sharma, Sr. Advocate with Mr. Anirudh Sharma, Advocate, for the appellants. Mr. Rakesh Dhaulta, Mr. Sushant Keprate, Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Deputy Advocates General, for the respondents.
Heard, Mr. Rakesh Dhaulta, learned Additional Advocate General for the appellants in RFA no.351/2014 and for the respondents in RFA no.159/2014 and Ms. Devyani Sharma, learned Sr. Advocate for respondents no.1 and 2 in RFA no.351/2014 and for the appellants in RFA no.159/2014.
Judgment reserved.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge 18th March, 2024(rohit) ::: Downloaded on - 18/03/2024 20:34:02 :::CIS