Himachal Pradesh High Court
Radhika vs . State Of H.P And Ors. on 30 June, 2023
Author: Chief Justice
Bench: Chief Justice
Radhika Vs. State of H.P and ors.
CWP No. 358 of 2017 .
30.06.2023 Present: Ms. Chetna Thakur, Advocate, for the petitioner.
Mr. Varun Chandel, Additional Advocate General, for respondent No.2.
List the matter on 13.07.2023, as prayed for.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
Prem Chand Vs. HPSEB & Anr.
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CWP No. 284 of 2023
30.06.2023 Present: Mr. Virender Thakur, Advocate, for the petitioner.
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Mr. Vishal Thakur, Advocate, for the respondents. Learned counsel for the respondent seeks a weeks' time to prepare the brief.
List on 13.07.2023, as prayed for.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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Balbir Singh &anr Vs. Hardev Singh and anr.
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CMPMO No. 175 of 202330.06.2023 Present: Mr. Gaurav Sharma, Advocate, for the petitioners.
Mr. Dheeraj K. Vashista, Advocate, for the respondents.
As prayed for, list on 13.07.2023.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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Arvind Sood & Ors Vs. M/s Salig Ram Ramesh Kumar and anr .
COPC No. 132 of 202330.06.2023 Present: Mr. Ashook Sood, Sr.Advocate, with Mr. Abhishek Banta, Advocate, for the petitioners.
Mr. Ravi Kumar, vice counsel for the respondents.
Learned counsel for the respondents seeks and is granted a week's time to file Power of Attorney and reply to the petition.
List on 20.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Ram Kali Vs. State of H.P
CWP No. 7676 of 2021
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30.06.2023 Present: Mr. Bhuvnesh Sharma, Sr. Advocate, with Ms.
Shivali Lakhanpal, Advocate, for the petitioner. Mr. Rupinder Singh Thakur, Additional Advocate General, for respondents-State.
Matter stands admitted on 18.07.2022.
List as per roster.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Ram Kali Vs. State of H.P
CWP No. 7676 of 2021
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30.06.2023 Present: Mr. Bhuvnesh Sharma, Sr. Advocate, with Ms.
Shivali Lakhanpal, Advocate, for the petitioner. Mr. Rupinder Singh Thakur, Additional Advocate General, for respondents-State.
Matter is admitted.
List as per roster.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Sudhir Kumar and Ors Vs. State of H.P & ors CWP Nos. 3690 of 2021 a/w CWP No. 3691 of 2023 CWP Nos. 3690 and 3691 of 2021 30.06.2023 Present: Mr. K.D.Shreedhar, Sr. Advocate, alongwith Ms. Sneh Bhimta, Advocate, for the petitioners, in both the matters.
Mr. Rupinder Singh Thakur, Additional Advocate General, for respondents No. 1 and 2.
Mr. Hamender Singh Chandel, Advocate, for respondents No. 3 and 4 in CWP No. 3690 of 2021.
Mr. Janmajai Chauhan, Advocate, vice Mr. Sunil Mohan Goel, Advocate for respondents No. 5 to 8 in CWP No. 3690 of 2021.
Ms. Shalini Thakur, Advocate, for respondent No. 3 in CWP No. 3691 of 2021. Mr. Dilip Sharma, Sr. Advocate, along with Mr. Manish Sharma, Advocate for applicants/ interveners in CMP No. 8225 of 2021 in CWP No. 3690 of 2021 and CMP No. 8229 of 2021 in CWP No. 3691 of 2021 In view of order dated 06.03.2023, list the matter before the appropriate Bench, after obtaining orders from Hon'ble the Chief Justice.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Geeta Devi Vs. State of H.P
CWP No. 1110 of 2021
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30.06.2023 Present: Mr. M.L.Sharma, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General, for respondent-State.
Ms. Reeta Thakur, Advocate, for respondent No.2.
CMP No. 5803 of 2023.
No case for early hearing is made out at this stage. The application to stand disposed of.
CWP No. 1110 of 2021.
Matter stands admitted on 18.07.2022 List as per roster.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Subhash Dutt Sharma Vs Snil Dutt and anr.
CMPMO No. 313of 2023 30.06.2023 Present: Mr. Vipin Pandit, Advocate, for the petitioner.
Issue notice. At this stage, notice is confined to respondent No.1, returnable for 24.07.2023 on taking steps within four days.
Dasti notice be also issued for the service of respondent No.1 on usual terms.
List on 24.07.2023.
Jyotsna Rewal Dua June 30, 2023 Judge Gaurav ::: Downloaded on - 01/07/2023 20:37:12 :::CIS Veepan Kumar Vs. CSKHPKVVP CWP No. 349 of 2023 a/w CWP No. 391 and 1252 .
of 2023 30.06.2023 Present: Mr. Neel Kamal Sood, Sr. Advocate, with Mr. Vasu Sood, Advocate, for the petitioner(s).
Mr. Naresh K. Sharma, Advocate, for respondents No. 1 to 3.
Mr. Neel Kamal Sharma, Advocate, for respondents No. 4 to 7 CMP No. 7904 of 2023 Reply to application be filed within four weeks.
List on 01.08.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Dikit Butith and ors Vs. State of H.P & Ors CWP No. 5971 of 2022 .
30.06.2023 Present: Mr. Ravi Kumar, Advocate, vice Mr. Maan Singh, Advocate, for the petitioners.
Mr. Rupinder Singh Thakur, Additional Advocate General, for the respondents-State.
CMP No. 7821 of 2023For the reasons stated therein, the application is allowed. Respondents No. 2 and 3 i.e Director of Elementary Education, Himachal Pradesh and Deputy Director of Elementary Education, Spiti at Kaza are ordered to be substituted with the Director of Higher Education Himachal Pradesh and Deputy Director Higher Education Spiti at Kaza respectively. The application to stand disposed of.
CWP No. 5971 of 2022Let reply to the writ petition be now filed by the newly substituted respondents within four weeks.
The matters stands admitted on 31.08.2022.
List as per roster.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Shami Vs. Financial Commissioner(Appeals) & ors.
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CWP No. 3150 of 201930.06.2023 Present: Mr. Rohit Sharma, Advocate vice Mr. Prem.P. Chauhan, Advocate, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General, for respondent No.1.
Mr. Ravi Kumar, Advocate vice Mr. Maan Singh, Advocate, for respondents No. 2(a) to 2(c), 3 to 5,8 12,13, 15(a) to 15(c), 16 to 18 and 20 to 22.
Notices issued to respondents No.6 and 7 have been received back for want of correct address. Learned counsel for the petitioner prays for and is granted two weeks' time to take fresh steps.
Learned counsel for the petitioner further submits that application for bringing on record legal representatives of deceased respondents 14,19, 23 to 25 has been refiled after removing the objections.
As prayed for, list on 17.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Dr. Om Prakash Vs. Sita Ram & ors.
RSA No.28 of 2021.
31.05.2023 Present: Mr. K.S. Banyal, Senior Advocate with Mr. Uday Singh Banyal, Advocate, for the appellant. Mr. Arun Raj, Advocate, for respondent No.1.
Respondents No.2 to 4 ex-parte.
List for consideration on 05.07.2023.
May 31, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Tajinder Singh Vs. State Bank of Patiala Cr. Revision No.617 of 2022 .
31.05.2023 Present: Mr. Devender K. Sharma, Advocate, for the petitioner.
Mr. Yoginder Paul, Advocate, for the respondent.
Learned counsel for the petitioner states that in terms of order dated 27.04.2023, the petitioner has deposited an amount of Rs.75,000/- with the respondent-
Bank. Learned counsel further states that balance amount of Rs.1,00,000/- in terms of respondent's proposal shall be deposited by the petitioner by 30.06.2023.
Accordingly, list the matter on 05.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Asha Furniture House Vs. Anup Kumar Nag & Anr.
Cr. Revision No.559 of 2022.
31.05.2023 Present: Mr. Jai Ram Sharma, Advocate, for the petitioner.
Mr. Anuj Nag, Advocate, for respondent No.1.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General, for respondent No.2-State.
The private parties, i.e. petitioner and respondent No.1, are present in the Court.
Learned counsel for respondent No.1 states that respondent No.1 is not willing for compounding the matter with the petitioner.
List for consideration on 06.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Asha Furniture House Vs. Anup Kumar Nag & Anr.
Cr. Revision No.560 of 2022.
31.05.2023 Present: Mr. Jai Ram Sharma, Advocate, for the petitioner.
Mr. Anuj Nag, Advocate, for respondent No.1.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General, for respondent No.2-State.
The private parties, i.e. petitioner and respondent No.1, are present in the Court.
Learned counsel for respondent No.1 states that respondent No.1 is not willing for compounding the matter with the petitioner.
List for consideration on 06.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Asha Furniture House Vs. Anup Kumar Nag & Anr.
Cr. Revision No.561 of 2022.
31.05.2023 Present: Mr. Jai Ram Sharma, Advocate, for the petitioner.
Mr. Anuj Nag, Advocate, for respondent No.1.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General, for respondent No.2-State.
The private parties, i.e. petitioner and respondent No.1, are present in the Court.
Learned counsel for respondent No.1 states that respondent No.1 is not willing for compounding the matter with the petitioner.
List for consideration on 06.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Roop Lal Vs. Biri Singh & Anr.
Cr. Revision No.719 of 2022.
31.05.2023 Present: Ms. Deepmala Sharma, Advocate, for the petitioner.
Ms. Rajani Kumari, Advocate, for respondent No.1.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General, for respondent No.2-State.
30.12.2022.
r The Interim directions were passed in the matter on directions contained in order dated 30.12.2022 have still not been complied with by the petitioner. Repeated opportunities have been granted to the petitioner to comply with the aforesaid order.
Today, when the matter was taken up, learned counsel for the petitioner again sought adjournment for obtaining instructions from the petitioner. Final opportunity of three weeks is granted to the petitioner to comply with the order dated 30.12.2022, failing which the protection made available to the petitioner under the aforesaid order dated 30.12.2022 shall be vacated.
List on 03.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Roop Lal Vs. Biri Singh & Anr.
Cr. Revision No.720 of 2022.
31.05.2023 Present: Ms. Deepmala Sharma, Advocate, for the petitioner.
Ms. Rajani Kumari, Advocate, for respondent No.1.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General, for respondent No.2-State.
30.12.2022.
r The Interim directions were passed in the matter on directions contained in order dated 30.12.2022 have still not been complied with by the petitioner. Repeated opportunities have been granted to the petitioner to comply with the aforesaid order.
Today, when the matter was taken up, learned counsel for the petitioner again sought adjournment for obtaining instructions from the petitioner. Final opportunity of three weeks is granted to the petitioner to comply with the order dated 30.12.2022, failing which the protection made available to the petitioner under the aforesaid order dated 30.12.2022 shall be vacated.
List on 03.07.2023.
Jyotsna Rewal Dua
May 31, 2023 Judge
Mukesh
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Badlu & Anr. Vs. Roop Lal
CMPMO Nos.167 & 210 of 2023
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01.06.2023 Present: Mr. Sumit Sharma, Advocate, for the petitioners
in both the petitions.
Mr. Pranshul Sharma, Advocate, for the
respondent in both the petitions.
Learned counsel for the respondent submits that he has filed Power of Attorney on behalf of the respondent and prays for three weeks' time to prepare the brief.
List on 05.07.2023.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Sauna Ram Vs. Briju & Ors.
RSA No.374 of 2015
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01.06.2023 Present: Mr. J.R. Poswal, Advocate, for the appellant.
Mr. Adarsh K. Vashista, Advocate, for
respondents No.1(a), 1(b) and 2 to 4.
CMP No.6238 of 2023The applicant/appellant prays for effecting stated r reasons to service upon unserved respondent No.1(d) through affixation.
The for making this prayer are that respondents No.1(a) to 1(d) were impleaded as legal heirs of original respondent No.1-late Sh. Briju S/o Sh. Gulaba Ram.
All are residents of Village Kayaran, Pargna Bahadurpur, Tehsil Sadar, District Bilaspur, H.P. Service upon respondents No.1(a) to 1(c) has long been effected, however, respondent No.1(d) is evading service. Repeatedly, the applicant/ appellant has taken steps for service of this unserved respondent. His family members though stand served, but have refused to accept summons issued to the aforesaid unserved respondent No.1(d)-Sh. Babu Ram. He could not be served even at his permanent address. His family members have not given any other address of respondent No.1(d). In the circumstances, prayer has been made for service of unserved respondent No.1(d) through affixation.
Learned counsel appearing for the respondents including respondents No.1(a) and 1(b) has no objection for ::: Downloaded on - 01/07/2023 20:37:12 :::CIS allowing the prayer. In fact, learned counsel submitted that .
despite having inquired from respondents No.1(a) and 1(b), correct address of respondent No.1(d) has not been made available.
In the aforesaid circumstances, the prayer made in the application is allowed. Respondent No.1(d) is ordered to be served through affixation at his address given in the cause title. Requisite charges be deposited by the applicant/ appellant with the Registry within two weeks.
The application stands disposed of.
RSA No.374 of 2015List after service upon respondent No.1(d) is effected.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Harmohini Vs. State of H.P. & Ors.
CWPOA No.6606 of 2019.
01.06.2023 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sohail Khan, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 to 3.
Heard for some time.
List on 12.06.2023, when the record of the case shall be produced by respondents No.1 to 3-State.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Rakesh Kumar Vs. Kaushlya & Ors.
CMP(M) No.1449 of 2022.
01.06.2023 Present: Mr. Devender Sharma, Advocate vice Mr. C.N. Singh, Advocate, for the applicant. Mr. Rajesh Kumar, Advocate, for respondents No.1, 3 and 4.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.5.
Respondent No.2 is stated to have died. As prayed for, consequential steps on account of death of respondent No.2 be now taken within three weeks. In the meanwhile, reply to the application, if any, be filed by learned counsel for the appearing respondents.
List after three weeks.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Khem Raj & Ors. Vs. Raj Kumar & Ors.
RSA No.43 of 2023.
01.06.2023 Present: Mr. Sumit Sharma, Advocate, for the appellants.
Mr. Ajay Chandel, Advocate, for respondent No.1.
Mr. Tek Chand, Advocate, for respondents No.2 and 3.
CMP No.4810 of 2023Learned counsel for the appearing respondents do not intend to file any reply to the application.
Prayer in the application is for deletion of names of respondents No.4 and 8 from the array of parties.
Respondents No.4 and 8 are Smt. Geeta Devi and Sh. Jai Singh, respectively. The application pleads that respondents No.4 and 8 were though impleaded as parties in the civil suit, however, they were ordered to be deleted by the learned First Appellate Court vide order dated 23.07.2022. This averment made in the application finds support from the judgment and decree passed by the learned First Appellate Court on 31.10.2022, wherein respondents No.4 and 8 though figure in the array of parties, but have been shown to have died in the presence column.
Accordingly, the application is allowed.
Respondents No.4 and 8 are ordered to be deleted from the array of parties. Amended memo of parties be filed within two weeks. The Registry is directed to carry out necessary corrections in the cause title.
::: Downloaded on - 01/07/2023 20:37:12 :::CISThe application stands disposed of.
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CMP No.4811 of 2023Notice issued to the proposed guardian of respondent No.6 is awaited. Let fresh notice be issued to Sh. Sanjeev Kumar S/o Sh. Raghu Ram, resident of Village Behar, Post Office and Tehsil Sarkaghat, District Mandi, days.
r to H.P., returnable for 07.07.2023, on taking steps within two List on 07.07.2023.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Geeta Ram Vs. State of H.P. & Ors.
CWPOA No.6412 of 2019.
01.06.2023 Present: Mr. Shivam Sharma, Advocate vice Mr. Karan Singh Parmar, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.1-State.
Mr. Arun Sehgal, Advocate, for respondents No.2 and 3.
At the request of learned vice counsel appearing for the petitioner, list after four weeks.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Budhi Singh Vs. State of H.P. & Ors.
CWPOA No.4215 of 2020.
01.06.2023 Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2-State.
Mr. Anil Kumar God, Advocate, for respondent No.3.
CMP-T No.266 of 2023For the reasons assigned in the application, the same is allowed and disposed of.
CWPOA No.4215 of 2020List for hearing on 04.07.2023.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Rajinder Singh Kanwar & Anr. Vs. HPTDC & Ors.
CWPOA No.2805 of 2019.
01.06.2023 Present: Mr. Paras Dhaulta, Advocate vice Mr. Sunil Mohan Goel, Advocate, for the petitioners. Mr. Shivank S. Panta, Advocate, for respondent No.1.
Mr. Shubham Sood, Advocate vice Mr. Onkar Jairath, Advocate, for respondents No.2 to 8.
r to CMP-T No.302 of 2023 For the reasons assigned in the application, the same is allowed and disposed of.
CWPOA No.2805 of 2019List for hearing on 14.07.2023.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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OIC Ltd. Vs. Radha Khachi & Ors.
CMP(M) No.315 of 2023.
01.06.2023 Present: Dr. Lalit K. Sharma, Advocate, for the applicant.
Ms. Pooja Thakur, Advocate vice Mr. R.S. Chandel, Advocate, for respondents No.1 and 3.
Mr. Ajay Singh Kashyap, Advocate, for respondents No.4 and 5.
The office reports that notice issued to respondent No.2 has been received back unserved with the report that the addressee has died. Learned counsel for the applicant seeks and is granted three weeks' time to take consequential steps in this regard. List thereafter.
Jyotsna Rewal Dua
June 01, 2023 Judge
Mukesh
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Shiv Dass & Ors. Vs. Mathu Ram & Ors.
RSA No.212 of 2012.
01.06.2023 Present: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellants. Mr. Rakesh Thakur, Advocate, for respondents No.1, 2(a) to 2(c) and 3 to 5.
CMP(M) No.391 of 2023The application is with the prayers for bringing on record legal representatives of respondent No.2-late Sh. Dila Ram and to condone the delay in moving such application.
Details of legal representatives of deceased respondent No.2 have been given in paragraph 3 of the application. The application further states that factum of death of respondent No.2 on 25.07.2022 came to the notice of the applicant only on 14.02.2023, when the non-applicants disclosed this fact.
Learned counsel appearing for the proposed legal heirs of respondent No.2 has no objection for allowing the prayer made in the application. No reply is intended to be filed to the application.
In view of the above, the application is allowed.
The legal representatives of respondent No.2 detailed in paragraph 3 of the application are ordered to be brought on record as respondents No.2(a) to 2(c) after condoning the delay occurred in moving the application. Amended memo of parties be filed within a week. The Registry is directed to carry out necessary corrections in the cause title.
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RSA No.212 of 2012Mr. Rakesh Thakur, learned counsel appears for newly impleaded respondents No.2(a) to 2(c) and seeks two weeks' time to file Power of Attorney on their behalf. List thereafter.
June 01, 2023
r to Jyotsna Rewal Dua
Judge
Mukesh
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Ramji Dass Vs. Roshan Lal Jindal & Ors.
C.S. No.33 of 2023.
02.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Jeevesh Sharma, Advocate, for the plaintiff.
C.S. No.33 of 2023 & OMP No.238 of 2023 Issue notice to the defendants, returnable for 23.06.2023, on taking steps within ten days.
List on 23.06.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Nek Ram Vs. Shri Subhashish Panda & Ors.
COPC No.417 of 2022.
02.06.2023 Present: Mr. R.L. Chaudhary and Mr. H.R. Sidhu, Advocates, for the petitioner.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
This contempt petition arises out of non-
implementation of judgment dated 26.11.2021 rendered in CWP No.56 of 2020 (Nek Ram Versus State of H.P. and others). On previous occasions, the sole defense of the respondents for not implementing the judgment was pendency of LPA No.19 of 2023 (State of H.P. and others Versus Nek Ram and others) instituted by the State against the aforesaid judgment. It is not in dispute that LPA No.19 of 2023 has been dismissed on 10.03.2023. It is also not in dispute that as of now there is no challenge to judgment dated 26.11.2021 rendered in CWP No.56 of 2020.
Despite the above admitted factual position, learned Additional Advocate General submits that LPAST No.35063/2022, involving the issues which were subject matter of the decisions rendered in the instant case, was listed before the Division Bench of this Court on 17.05.2023, when the Hon'ble Court directed the Registry to list all similar cases (approximately 1000) on the next date of hearing and the matter has been posted for 05.07.2023.
::: Downloaded on - 01/07/2023 20:37:12 :::CISIn the instant case, the letters patent appeal filed .
by the respondent-State against the judgment in question stands dismissed. Hence, the respondents cannot take the stand of pendency of other similar cases or other appeals for not implementing the judgment in question. However, at the request of learned Additional Advocate General, two weeks' time is granted to the respondents to implement the judgment in letter and spirit, failing which appropriate order shall be passed in the matter on the next date of hearing.
List on 23.06.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Bishan Dass Vs. Ram Piyari @ Aruna & Anr.
CMPMO No.45 of 2023.
02.06.2023 Present: Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Bhuvnesh Sharma, Senior Advocate with Ms. Meena, Advocate, for respondent No.1. Mr. Sushant Vir Singh Thakur, Advocate, for respondent No.2.
List on 12.06.2023, as prayed for.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Anchla Kumari Vs. Subhashish Panda & Ors.
COPC No.107 of 2023.
02.06.2023 Present: None for the petitioner.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
Learned Deputy Advocate General submits that she is under instructions to state that the judgment in question shall be duly complied with by the next date of hearing.
List on 12.06.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Mohinder Singh Vs. Surender Pal Sharma & Anr.
alongwith connected matters .
RSA No.301 of 2007 a/w RSA No.105 of 2007 and FAO No.243 of 2012 RSA No.301 of 2007 02.06.2023 Present: Mr. Bhupinder Thakur, Advocate vice Mr. Vinod Chauhan, Advocate, for the appellant. Mr. Ajeet Pal Singh Jaswal, Advocate, for respondent No.1.
None for respondent No.2.
RSA No.105 of 2007Mr. Ajeet Pal Singh Jaswal, Advocate, for the appellant.
Mr. Bhupinder Thakur, Advocate vice Mr. Vinod Chauhan, Advocate, for respondent No.1.
None for respondent No.2.
FAO No.243 of 2012Mr. Ajeet Pal Singh Jaswal, Advocate, for the appellant.
Mr. Bhupinder Thakur, Advocate vice Mr. Vinod Chauhan, Advocate, for respondent No.1.
None for respondent No.2.
At the request of learned counsel for the appellant, list after four weeks.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Rikhi Ram Vs. State of H.P.
RSA No.523 of 2008
.
02.06.2023 Present: None for the appellant.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondent.
None appears on behalf of the appellant.
List on 05.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Satyender Sharma & Ors. Vs. Sureshta Devi & Ors.
RSA No.17 of 2009.
02.06.2023 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Ajay Thakur, Advocate, for the appellants. Ms. Sheetal Kaul, Advocate, for respondent No.1.
Ms. Vandana Kumari, Advocate vice Mr. Sanjay Jaswal, Advocate, for respondents No.4(a) to 4(d).
CMP No.6758 of 2023Reply to the application, as prayed for, be filed within four weeks.
List on 07.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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State of H.P. & Ors. Vs. Shanti & Ors.
RSA No.458 of 2009.
02.06.2023 Present: Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the appellants.
Mr. Praveen Chauhan, Advocate vice Mr. Y.P. Sood, Advocate, for respondent No.1. Respondents No.2 to 4 already ex-parte.
List on 10.07.2023, as prayed for.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Jaswant Singh Vs. Vinod Kapoor & Anr.
FAO No.424 of 2011.
02.06.2023 Present: Mr. Prince Chauhan, Advocate vice Mr. Rahul Mahajan, Advocate, for the appellant. Mr. Amit Sharma, Advocate, for respondent No.1.
Mr. Raman R. Verma, Advocate vice Mr. Suneet Goel, Advocate, for respondent No.2.
At the request of learned counsel for the parties, list on 13.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Taazu Deen Vs. Teja Singh & Ors.
RSA No.4225 of 2013.
02.06.2023 Present: Mr. Prince Chauhan, Advocate vice Mr. Rahul Mahajan, Advocate, for the appellant. Mr. B.B. Vaid, Advocate, for the respondents.
Learned vice counsel appearing for the appellant prays for and is granted three weeks' time to comply with order dated 09.03.2022.
List on 07.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Santi Devi (Deceased) through LRs Vs. Kuldeep Kumar & Anr. alongwith connected appeal .
FAO No.94 of 2014 a/w FAO No.95 of 2014 FAO No.94 of 2014 02.06.2023 Present: Mr. Sanjay Bhardwaj, Advocate, for the appellant.
Ms. Heena Chauhan, Advocate, for respondent No.1.
None for respondent No.2.
FAO No.95 of 2014None for the appellant.
Mr. Sanjay Bhardwaj, Advocate, for respondent No.1.
Ms. Heena Chauhan, Advocate, for respondent No.2.
List on 12.06.2023, as prayed for.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Devi Chand Vs. Ld. Industrial Tribunal & Anr.
CWP No.2158 of 2017.
02.06.2023 Present: Mr. Prem P. Chauhan, Advocate, for the petitioner.
No notice has been issued to respondent No.1.
Mr. Sunil Kumar, Advocate, for respondent No.2.
CMP No.18284 of 2022Disposed of having been rendered infructuous.
CWP No.2158 of 2017List for hearing on 20.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Karam Chand Joshi Vs. State of H.P. & Ors.
CWPOA No.1863 of 2019.
02.06.2023 Present: Mr. Prantap Sharma, Advocate, for the petitioner.
Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
Learned Additional Advocate General has placed on record copy of instructions dated 30.05.2023.
List on 07.07.2023.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Jagat Ram Vs. Hari Lal
.
Cr. Revision No.300 of 2023
02.06.2023 Present: Mr. Mukesh Sharma, Advocate vice Mr. Rajiv Rai,
Advocate, for the petitioner.
Issue notice to the respondent, returnable for 10.07.2023, on taking steps within a week.
List on 10.07.2023.
Cr.MP No.1927 of 2023The judgment of conviction dated 27.01.2022 and order of sentence dated 03.03.2022, passed by the learned Chief Judicial Magistrate, Bilaspur, District Bilaspur in Criminal Case No.119-3 of 2014 (Hari Lal Versus Jagat Ram) under Section 138 of the Negotiable Instruments Act (in short 'the Act'), was affirmed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, on 28.02.2023, in Criminal Appeal No.39-10 of 2022. The petitioner has been convicted for the offence punishable under Section 138 of the Act and has been sentenced for simple imprisonment for a term of three months. He has been further directed to pay compensation of Rs.2,50,000/-.
Learned counsel for the petitioner submits that the petitioner was on bail during trial and the substantive sentence imposed upon him was suspended by the learned Appellate Court. Prayer has accordingly been made for suspension of sentence.
::: Downloaded on - 01/07/2023 20:37:12 :::CISIn view of the pleadings made in the application .
and the submissions advanced by learned counsel for the petitioner, it is ordered that substantive sentence imposed upon the petitioner shall remain suspended subject to following conditions:-
(i) The petitioner shall furnish personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of learned Trial Court within two weeks.
(ii) The petitioner shall deposit the entire compensation amount in the learned Trial Court within a period of four weeks from today.
(iii) In the event of revision petition being dismissed, the petitioner shall surrender himself before the learned Trial Court for receiving the sentence, if any.
The application stands disposed of.
Cr.MP No.1928 of 2023The application is disposed of with a direction to the applicant/petitioner to file certified copy of the judgment and order in question by the next date of hearing.
Jyotsna Rewal Dua
June 02, 2023 Judge
Mukesh
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Purkhu Ram Vs. CBI
Cr. Appeal No.235 of 2023
.
12.06.2023 Present: Mr. Mohan Singh, Advocate, for the appellant.
Mr. A.K. Bansal, Advocate, for the respondent.
Cr.MP(M) No.1024 of 2023The applicant seeks condonation of delay of 75 days in filing the main appeal. Reply to the application has not been filed by the respondent. Paragraph 2 of the application gives cogent reasons for condoning the delay.
Accordingly, the application is allowed. Delay of 75 days as occurred in filing the appeal is condoned in the interest of justice.
The application stands disposed of.
Cr. Appeal No.235 of 2023Heard. Admit.
Cr.MP No.1996 of 2023By means of the present application, prayer has been made for suspension of sentence imposed by the learned Special Judge (CBI), Shimla, H.P. in Corruption Trial No.23-S/7 of 2016, titled Central Bureau of Investigation Versus Shiv Dayal Bodh and others, wherein accused/ applicant has been convicted for commission of offence punishable under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code (IPC) & Sections 120B, 420, 471, 467 ::: Downloaded on - 01/07/2023 20:37:12 :::CIS and 468 IPC and has been sentenced to undergo rigorous .
imprisonment for a period of three years alongwith fine of Rs.90,000/-. Learned counsel for the applicant submitted that the applicant was on bail during trial. Prayer has accordingly been made for suspension of sentence.
Since the sentence imposed is only for three years and considering the fact that the criminal appeal involves arguable points and its decision may take considerable period, therefore, the execution of the sentence ordered by the learned Special Judge (CBI), Shimla, H.P. in Corruption Trial No.23-S/7 of 2016, titled Central Bureau of Investigation Versus Shiv Dayal Bodh and others, is ordered to be suspended, subject to following conditions:-
(i). The applicant/appellant shall furnish personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of learned Trial Court within three weeks.
(ii). The applicant/appellant shall deposit the entire fine amount in the learned Trial Court, if not already deposited within three weeks.
(iii). The applicant/appellant undertakes to abide by all the orders and directions issued by this Court in the matter.
(iv). In the event of criminal appeal being dismissed, the applicant/appellant shall surrender himself before the learned Trial Court for receiving the sentence, if any.
The application stands disposed of.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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State of Himachal Pradesh Vs. Vinod Kumar Cr.MP(M) No.1300 of 2023 .
12.06.2023 Present: Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the petitioner.
Issue notice to the respondent, returnable for 24.07.2023, on taking steps within a week.
List on 24.07.2023.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Kuldeep Singh Vs. Gouri Dutt Cr.MP(M) No.1424 of 2023 .
12.06.2023 Present: Mr. Gobind Korla, Advocate, for the petitioner.
Issue notice to the respondent, returnable for 13.07.2023, on taking steps within three days.
List on 13.07.2023.
June 12, 2023
Mukesh
to Jyotsna Rewal Dua
Judge
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LAC HPPWD Vs. Shiv Saran
CMP Nos.6136 & 6137 of 2023
.
in RFA No.276 of 2015
12.06.2023 Present: Mr. Rupinder Singh Thakur and Mr. Varun
Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the non-applicant/appellant.
Mr. Gobind Korla, Advocate vice Mr. Varun Rana, Advocate, for the applicants/respondents.
As prayed for by learned Additional Advocate General, list on 17.06.2023.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Omdish Versus Hem Singh
RSA No.501 of 2016
.
12.06.2023 Present: Mr. B.S. Chauhan, Senior Advocate with
Mr. Munish Datwalia, Advocate, for the appellant. Mr. Jagan Nath, Advocate vice Mr. H.S. Rangra, Advocate, for the respondent.
CMP No.6737 of 2023Allowed and disposed of.
RSA No.501 of 2016List for hearing during 3rd week of December, 2023.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Govt. & Semi Govt. Driver & Cleaner Federation, H.P. & Ors. Vs. State of H.P. & Anr.
.
CWP No.56 of 202312.06.2023 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioners.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
stage. The CMP No.6950 of 2023 No case for early hearing is made out at this application is accordingly dismissed. The petitioner is, however, at liberty to move the application afresh after six months.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Huma Nand & Ors. Vs. Dharam Singh & Ors.
RSA No.635 of 2008.
12.06.2023 Present: Mr. V.S. Chauhan, Senior Advocate with Mr. Ajay Singh Kashyap, Advocate, for the appellants. Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondent No.1.
Heard for some time.
List for continuation on 13.06.2023.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Kanwar Singh Vs. State of H.P. Cr. Revision No.142 of 2012 .
12.06.2023 Present: Ms. Sheetal Vyas, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondent.
List after two weeks, as prayed for.
June 12, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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NIC Versus Swarna Devi & Ors.
FAO No.282 of 2012.
12.06.2023 Present: Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. C.N. Singh, Advocate, for respondents No.1 and 2.
Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for respondent No.3.
List after three weeks, as prayed for.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Santi Devi (Deceased) through LRs Vs. Kuldeep Kumar & Anr. alongwith connected appeal .
FAO No.94 of 2014 a/w FAO No.95 of 2014 FAO No.94 of 2014 12.06.2023 Present: Mr. Sanjay Bhardwaj, Advocate, for the appellant.
Ms. Heena Chauhan, Advocate, for respondent No.1.
Mr. Jagdish Thakur, Advocate, for respondent No.2.
FAO No.95 of 2014Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. Sanjay Bhardwaj, Advocate, for respondent No.1.
Ms. Heena Chauhan, Advocate, for respondent No.2.
Heard for some time.
List for continuation on 13.06.2023.
Jyotsna Rewal Dua
June 12, 2023 Judge
Mukesh
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Sandeep Kumar & Anr. Vs. Dr. Ashwani Kumar Sharma & Ors.
COPC No.144 of 2023.
13.06.2023 Present: Mr. Het Ram, Advocate, for the petitioners.
List on 14.06.2023, as prayed for by learned counsel for the petitioners.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Krishna Shukla Vs. Abhishek Jain COPC No.147 of 2023 .
13.06.2023 Present: Mr. Pawanish Kr. Shukla, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
Notice. Mr. Varun Chandel, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Compliance report be filed before the next date.
List on 26.06.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Kendriya Vidyalya Hamirpur Vs. Kanshi Ram COPC No.154 of 2023 .
13.06.2023 Present: Mr. Balram Sharma, DSGI, for the petitioner.
CMP No.6689 of 2023For the reasons stated in the application, delay in re-filing the petition is condoned.
The application stands disposed of.
COPC No.154 of 2023Issue notice to the respondent, returnable for 10.07.2023, on taking steps within five days.
List on 10.07.2023.
CMP No.6687 of 2023The application is disposed of with a direction to the applicant/petitioner to file English translation of the annexures in issue within a period of four weeks from today.
CMP No.6688 of 2023Allowed and disposed of.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Mehar Chand (Deceased) through LR Vs. Preetam Singh through LRs & Ors.
.
RSA No.92 of 200913.06.2023 Present: Mr. Anubhav Chopra, Advocate, for the appellant.
Ms. Ankita, Advocate vice Ms. Garima Kuthiala, Advocate, for respondents No.1(a) and 1(b). None for respondents No.2 and 3.
In view of the mediation proceedings held on 01.05.2023, let the mediation proceedings continue.
List the matter in the Court during last week of July, 2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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RSA No.492 of 2009
.
13.06.2023 Present: Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for the appellant. Dr. Lalit K. Sharma, Advocate, for proposed respondent No.2(a).
CMP(M) No.36 of 2023Reply to the application, as prayed for, be filed within two weeks. Power of Attorney on behalf of proposed respondent No.2(a) be also filed in the meanwhile.
List on 05.07.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Chanchla Devi Vs. State of H.P. & Ors.
Ex. Pet. No.76 of 2019.
13.06.2023 Present: Mr. A.K. Gupta and Ms. Babita, Advocates, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 to 3.
Mr. Rajinder Thakur, Central Govt. Counsel, for respondent No.4.
2. Heard.
O.A.(D)
r to
No.396 of 2018 instituted
petitioner was decided by the erstwhile Himachal Pradesh by the Administrative Tribunal on 21.11.2018, directing the respondents to consider and decide the case of the petitioner in light of the judgment passed by Hon'ble Apex Court in Civil Appeal No.6309 of 2017 (Sunder Singh Versus The State of Himachal Pradesh & Ors.), decided on 8th March, 2018.
The petitioner has filed the instant execution petition complaining non-implementation of the aforesaid judgment.
3. On 03.05.2023, the respondents had placed on record the instructions dated 01.05.2023, issued from the office of Executive Engineer, Chowari Division, HPPWD Chowari, gist of which runs as under:-
"In this behalf it is respectfully submitted that the directions as passed by Hon'ble High Court has been complied with through detailed speaking order dated 01.5.2023. The copy of speaking order is enclosed. In this case, the husband of petitioner late Sh. Mohal Singh was initially engaged in respondent department as daily wage beldar in the year 1986. The deceased husband of petitioner had worked w.e.f. year, 1986 to 31.12.1995. The deceased husband of petitioner was granted work charge status w.e.f. 01.01.1996 upon completion of 10 ::: Downloaded on - 01/07/2023 20:37:12 :::CIS years of service. The deceased husband of petitioner was retired from service on 31.7.2003 upon attaining the .
age of 60 years. Thus he rendered 7 years and 7 months regular service upto his retirement. Since in the above titled execution petition, the Hon'ble Court has directed the respondents to consider the claim of petitioner in view of Sunder Singh case judgment, as such the respondents have examined the claim of petitioner. The deceased husband of petitioner has rendered 7 years and 7 months regular service. By giving the benefit of Sunder Singh case judgment, the deceased husband of petitioner becomes complete 9 years and 7 months regular service which is less than 9 years and 9 months regular service as per CCS Pension Rules, 1972. Therefore, in view of this position, the claim of petitioner has been considered and rejected through detailed speaking order. The payment of DCRG of the petitioner has been credited in the account of petitioner by this office on dated 21-04-2023 amounting Rs.19857/- (Rupees Nineteen thousand Eight Hundred Fifty seven Only)."
4. It is not in dispute that while deciding Civil Appeal No.4792 of 2022 (Balo Devi & others Versus State of Himachal Pradesh and others) on 18.07.2022, the Hon'ble Apex Court has further clarified the judgment rendered in Sunder Singh's case, supra. In terms of the decision dated 18.07.2022 rendered in Balo Devi's case, it was held as under:-
"The intent of this Court was quite clear that:-
(a) The services rendered as a regular employee may first be computed.
(b) To the service as rendered to above, the component at the rate of one year of regular service for every five years of service as a daily wager, be added.
(c) If both the components as detailed in Paras a & b hereinabove, take the length of service to a level of more than eight years but less than ten years, in terms of last sentence of paragraph 6 of the Order, the services shall be reckoned as ten years."
The stand now taken by the respondents in the afore-extracted instructions that even 'by giving the benefit of ::: Downloaded on - 01/07/2023 20:37:12 :::CIS judgment in Sunder Singh's case, the deceased husband of .
the petitioner had completed only nine years and seven months of regular service, which is less than the required nine years and nine months of regular service for eligibility under the CCS (Pension) Rules', does not appear to be in consonance with the judgment in Balo Devi's case, supra.
Learned Additional Advocate General has also placed on record the instructions of the respondents dated 11.05.2023 and submitted that the decision in Balo Devi's case should not be taken into consideration as the State has filed a review petition against the same, which is pending adjudication. This submission cannot be accepted at this stage. The judgment in Balo Devi's case has not been stayed.
It continues to be in operation and admittedly stands implemented not only in the case of Balo Devi, but in various other similar cases as well.
Before proceeding further in the matter, at the request of learned Additional Advocate General, two weeks' further time is granted to the respondents to implement the judgment in question in letter and spirit.
List the matter on 03.07.2023. It is clarified that in case the judgment in question is not implemented by the next date, appropriate order shall be passed in the matter.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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NIAC Limited Vs. Master Abhinav & Anr.
CMP(M) No.1474 of 2022.
13.06.2023 Present: Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi, Advocate, for the applicant/ petitioner.
None for respondents No.1 and 2.
Mr. Devashish Kainthla, Advocate, for respondent No.4.
Respondent No.4 stands served. Learned counsel appearing for the applicant/petitioner seeks more time to take steps for bringing on record the legal representatives of deceased respondent No.3. Let the needful be done now within three weeks.
List on 05.07.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Babita Negi Vs. State of H.P. & Anr.
CMPMO No.223 of 2023.
13.06.2023 Present: Mr. Virender Thakur, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
At the request of learned Deputy Advocate General, list on 15.06.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Kirti Chauhan & Ors. Vs. Ritika Ahuja & Anr.
CMPMO No.280 of 2023.
13.06.2023 Present: Dr. Amit K. Vaid, Advocate, for the petitioners.
Mr. Y.P. Sood, Advocate, for the respondents.
The record of learned Trial Court is as yet awaited. Hence, list the matter on 10.07.2023.
June 13, 2023
Mukesh
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Kirti Chauhan & Ors. Vs. Rakesh Ahuja & Anr.
CMPMO No.281 of 2023.
13.06.2023 Present: Dr. Amit K. Vaid, Advocate, for the petitioners.
Mr. Y.P. Sood, Advocate, for the respondents.
The record of learned Trial Court is as yet awaited. Hence, list the matter on 10.07.2023.
June 13, 2023
Mukesh
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Judge
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Devi Saran & Ors. Vs. Roop Ram & Ors.
RSA No.612 of 2009.
13.06.2023 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the appellants. Mr. Suneet Goel and Mr. Vishwas Kaushal, Advocates, for the respondents.
CMP(M) No.568 of 2023Appellant No.1-Sh. Devi Saran is stated to have died on 16.07.2019. His death certificate has been placed on record. This application has been moved to bring on record the legal representatives of deceased appellant No.1. Detail of legal representatives has been given in para 2 of the application. In terms thereof, estate of deceased appellant No.1 has devolved upon three persons, namely Sh. Dinesh Kumar, Sh. Vinod Kumar and Smt. Bharti. Learned counsel appearing for the non-applicants/respondents has no objection for acceding to the prayer made in the application.
Taking into consideration the pleadings made in the application and the fact that death of appellant No.1 has taken place during the pendency of the appeal, the application is allowed. Legal representatives of deceased appellant No.1-Sh. Devi Saran detailed in para 2 of the application are ordered to be brought on record of the appeal as appellants No.1(a) to 1(c). The delay in filing the application is condoned. Amended memo of parties be filed ::: Downloaded on - 01/07/2023 20:37:12 :::CIS within two weeks. The Registry is directed to carry out .
necessary corrections in the memo of parties.
The application stands disposed of.
CMP No.6457 of 2023Allowed and disposed of.
CMP(M) No.569 of 2023Appellant No.4-Smt. Daropti is stated to have died on 07.02.2018. Her death certificate has been placed on record. This application has been moved to bring on record the legal representatives of deceased appellant No.4. Detail of legal representatives has been given in para 2 of the application. In terms thereof, estate of deceased appellant No.4 has devolved upon three persons, namely Sh. Dinesh Kumar, Sh. Vinod Kumar and Sh. Om Parkash. Sh. Om Parkash is already on the array of parties as appellant No.2.
Learned counsel appearing for the non-applicants/ respondents has no objection for acceding to the prayer made in the application.
Taking into consideration the pleadings made in the application and the fact that death of appellant No.4 has taken place during the pendency of the appeal, the application is allowed. Legal representatives of deceased appellant No.4-Smt. Daropti detailed in para 2 of the application are ordered to be brought on record of the appeal as appellants No.2(a) and 2(b) as the third legal ::: Downloaded on - 01/07/2023 20:37:12 :::CIS representative-Sh. Om Parkash is already a party to the .
appeal as appellant No.2. The delay in filing the application is condoned. Amended memo of parties be filed within two weeks. The Registry is directed to carry out necessary corrections in the memo of parties.
The application stands disposed of.
CMP No.6460 of 2023Allowed and disposed of.
RSA No.612 of 2009List for hearing on 06.07.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Munish & Ors. Vs. UOI & Ors.
CWP No.349 of 2021
.
13.06.2023 Present: Mr. Bhuvnesh Sharma, Senior Advocate with
Ms. Meena, Advocate, for the petitioners. Mr. Lokender Paul Thakur, Senior Panel Counsel, for the respondents.
Capt. (IN) Manoj Kumar Mahawar, Principal, Sainik School Sujanpur Tihra, District Hamirpur, present in person.
r to CMP No.14067 of 2022 Learned counsel for the parties are ad idem that the application be taken up alongwith hearing of the main writ petition.
CWP No.349 of 2021List as per roster.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Ravi Kumar Vs. State of H.P. & Ors.
CWP No.5384 of 2020.
13.06.2023 Present: Mr. Surinder Kumar Saklani, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
Sh. Harvinder Singh, Mining Officer, Hamirpur, H.P., present in person.
Early hearing application in this case was allowed on 29.05.2023. The matter is at hearing stage. List as per roster.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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M/s Vardhman Spinning Mills Vs. Lal Babu Gupta & Anr.
CWP No.7196 of 2021.
13.06.2023 Present: Mr. Vedhant Ranta, Advocate vice Mr. Janesh Gupta, Advocate, for the non-applicant/ petitioner.
Mr. Rakesh Manta and Mr. T.K. Verma, Advocates, for the applicant/respondent No.1.
CMP No.7122 of 2023Let the instructions in the matter.
r non-applicant/petitioner List on 15.06.2023.
have
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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M/s Spray Engineering Devices Ltd. Vs. Bharat Kumar CWP No.651 of 2017 .
13.06.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.
Mr. Karun Negi, Advocate vice Mr. Amit Kumar Dhumal, Advocate, for the respondent.
As prayed for, list alongwith CWP No.1744 of 2017 on 03.07.2023.
June 13, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Mohd. Sidiq Vs. Rajinder Thakur & Ors.
Civil Revision No.49 of 2019.
13.06.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.
Mr. Sanjay Bhardwaj, Advocate, for respondents No.1 to 4 and 6.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.8.
List on 27.06.2023, as prayed for.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Shiv Dev & Ors. Vs. State of H.P. & Anr.
CWPOA No.3921 of 2020.
13.06.2023 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioners.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
At the request of learned Additional Advocate General, list on 14.06.2023.
Jyotsna Rewal Dua
June 13, 2023 Judge
Mukesh
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Anil Kumar Vs. HIMUDA & Anr.
CWPOA No.7316 of 2019
.
13.06.2023 Present: Mr. Lokendar Paul Thakur, Advocate, for the
petitioner.
Mr. C.N. Singh, Advocate, for the respondents.
List on 28.06.2023, as prayed for.
June 13, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Baldev Sharma Vs. UOI & Ors.
CWP No.2256 of 2021 a/w
.
COPC No.281 of 2022
CWP No.2256 of 2021
14.06.2023 Present: Mr. Balwinder Singh, Advocate vice Mr. Dalip K.
Sharma, Advocate, for the petitioner. Mr. Balram Sharma, DSGI, for the respondents. Mr. A.K. Bansal, Advocate, for the applicant in CMP Nos.5492 & 5493 of 2023.
COPC No.281 of 2022Mr. Balwinder Singh, Advocate vice Mr. Dalip K. Sharma, Advocate, for the petitioner.
Mr. Balram Sharma, DSGI, for the respondents.
CMP Nos.5492 & 5493 of 2023 in CWP No.2256 of 2021 Reply to the applications has not been filed. As prayed for by learned counsel for the non-applicant/ petitioner, two weeks' further time is granted to file reply to the applications. It is made clear that the applications shall be considered on the next date of hearing.
List on 30.06.2023.
COPC No.281 of 2022Learned Deputy Solicitor General of India for the respondents states that reply to the petition was filed on 12.06.2023, however, the same is not on record. Learned DSGI to ensure that reply is placed in file by the next date.
Rejoinder, if any, be filed before the next date of hearing.
List alongwith the main writ petition.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Sunita Rana Versus State of H.P. & Ors.
CWP No.1374 of 2022.
14.06.2023 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
CMP No.7112 of 2023The application is disposed of as infructuous since the pleadings are not complete.
CWP No.1374 of 2022The respondents have not filed reply to the writ petition even though the notice was served upon them on 25.03.2022. Let reply be now positively filed within next two weeks, as prayed for. It is made clear that this shall be the last opportunity for filing the reply.
The matter is admitted. List as per roster.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Tirath Ram Versus State of H.P. & Ors.
CWP No.852 of 2018.
14.06.2023 Present: Mr. A.K. Sharma, Advocate, for the petitioner (since dead).
Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 and 2. Mr. Prem P. Chauhan, Advocate, for respondents No.3 to 6.
Mr. Tarun K. Sharma, Advocate, for respondent No.8.
CMP No.7135 of 2023Disposed of as having been rendered infructuous.
CWP No.852 of 2018Learned counsel for the parties jointly submit that the sole petitioner and respondent No.3 have died.
Learned counsel for the petitioner submits that the legal heirs of deceased petitioner have contacted him for pursuing the matter. He prays for and is granted two weeks' time to move appropriate application in that regard.
List on 04.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Mukesh Sharma Versus State of H.P. & Anr.
CWP No.1855 of 2018.
14.06.2023 Present: Mr. Rajeev Sharma, Advocate vice Mr. Sanjay Verma, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for respondent No.1.
None for respondent No.2, though served.
CMP No.7136 of 2023For the reasons stated therein, the application is allowed and disposed of.
CWP No.1855 of 2018List for hearing on 05.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Shyam Lal Versus State of H.P. & Anr.
CWP No.1856 of 2018.
14.06.2023 Present: Mr. Rajeev Sharma, Advocate vice Mr. Sanjay Verma, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for respondent No.1.
None for respondent No.2, though served.
CMP No.7137 of 2023For the reasons stated therein, the application is allowed and disposed of.
CWP No.1856 of 2018List for hearing on 05.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Amar Singh Vs. State of H.P. & Ors.
CWP No.2178 of 2020.
14.06.2023 Present: Mr. Devender Sharma, Advocate vice Mr. C.N. Singh, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
CMP No.7138 of 2023No case for early hearing is made out at this stage. The application is accordingly dismissed.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Bajaj Allianz Gen. Insc. Vs. Vidya Devi & Ors.
CMP No.15129 of 2022.
in FAO No.389 of 201514.06.2023 Present: Mr. Jagdish Thakur, Advocate, for the non-
applicant/appellant.
Mr. Sanjay Bhardwaj, Advocate, for the applicants/respondents No.1 to 4.
Learned counsel for the non-applicant/appellant submits that reply to the application has been filed in the Registry, however, the same is not on record. It be traced and placed in file, if in order.
List on 26.06.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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M/S Sterkem Pharma Pvt. Ltd. Vs. Symbiosis Pharmaceuticals Pvt. Ltd. & Ors.
.
CMPMO No.274 of 202314.06.2023 Present: Mr. Raman Jamalta, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondent No.3.
List on 15.06.2023, as prayed for.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Dr. Sanjay Guleria & Ors. Vs. Sh. Rajeev Sharma & Ors.
COPC No.41 of 2023.
14.06.2023 Present: Mr. Rajnish Maniktala, Senior Advocate with Mr. Naresh Verma, Advocate, for the petitioners. Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Neither the respondents are present in person nor any application seeking exemption from being present in the Court has been moved. Learned Additional Advocate General seeks a day's time for implementing the judgment in letter and spirit. At his request, list the matter on 17.06.2023. In case the judgment is not implemented by the next date, the respondents shall remain present in the Court.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Nand Lal & Anr. Vs. Roshni Devi & Anr.
CMPMO No.440 of 2020.
14.06.2023 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Varun Thakur, Advocate, for the petitioners. Mr. Ajeet Pal Singh Jaswal, Advocate, for the respondents.
Learned counsel for the parties state that settlement of the matter is not possible.
Lis on 12.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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State of H.P. & Ors. Vs. Bhoop Ram Sharma CMPMO No.14 of 2021 .
14.06.2023 Present: Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the petitioners.
Mr. Rajesh Kumar Sharma, Advocate, for the respondent.
List on 15.06.2023, as prayed for.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Nand Lal Versus Vaish Sabha
Civil Revision No.75 of 2021
.
14.06.2023 Present: Mr. Karan Singh Kanwar, Advocate, for the
petitioner.
Mr. Suneet Goel, Advocate, for the respondent.
Let the record of both the learned Courts below be requisitioned before the next date.
List on 17.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Joginder Lal Kuthiala & Ors. Vs. Babu Lal & Ors.
Civil Revision No.211 of 2022.
14.06.2023 Present: Mr. Ashok Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for the petitioners. Ms. Meera Devi, Advocate, for respondents No.2 and 3.
Ms. Meera Devi, learned counsel appears for respondents No.2 and 3.
The office reports that respondent No.1 has died.
Respondent No.4 is also stated to be unserved. Learned counsel for the petitioners prays for and is granted three weeks' time to take steps to bring on record the legal representatives of deceased respondent No.1 as well as to take fresh steps for effecting service upon respondent No.4.
List on 11.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Pankaj Jasrotia & Ors. Vs. Sh. Bharat Khera & Ors.
COPC No.354 of 2022.
14.06.2023 Present: Mr. Jeevan Kumar, Advocate, for the petitioners.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Learned Additional Advocate General has placed on record copy of compliance affidavit respondents alongwith office order dated 13.06.2023. Last line of the office order reads as under:-
filed by the "The payment of pay arrears etc. be released immediately strictly in accordance with the instructions issued by Finance Department from time to time."
The above extracted portion of office order dated 13.06.2023 is not in consonance with the directions issued in the judgment in question. Learned Additional Advocate General seeks a day's time to obtain fresh instructions in the matter. At his request, list on 15.06.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Nazakat Ali Hashmi Vs. Anupam Kashyap & Ors.
COPC No.82 of 2023.
14.06.2023 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Varun Thakur, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr. Ajeet Pal Singh Jaswal, Advocate, for respondents No.3 and 4.
CMP No.7025 of 2023The applicants/respondents No.1 and 2 are seeking six weeks' more time to file reply to the contempt petition. The application was moved on 27.05.2023. More than two weeks have gone by. The judgment in question was delivered on 05.03.2022. The respondents are directed to file reply/compliance affidavit before the next date.
The application stands disposed of.
COPC No.82 of 2023List on 03.07.2023.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Chander Kala Vs. Smt. M. Sudha Devi & Anr.
COPC No.112 of 2023.
14.06.2023 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Neither reply nor any compliance affidavit has been filed by the respondents. At the persuasive request made by learned Deputy Advocate General, list the matter on 03.07.2023. In case the compliance affidavit is not filed by the next date, respondent No.2 shall remain present in the Court.
Jyotsna Rewal Dua
June 14, 2023 Judge
Mukesh
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Shankar Vs. LAC and others
RFA No.126 of 2015
.
15.06.2023 Present: Mr. Suresh Saini, Advocate vice Mr. Rakesh
Kumar Bansal, Advocate, for the appellant (since dead).
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.1. Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for respondent No.2.
CMP(M) Nos.438 & 439 of 2023 These applications have been moved to bring on record the legal representatives of deceased appellant-
Sh. Shankar, after condoning the delay in making such prayer. The sole appellant is stated to have died on 03.04.2019. Death certificate reflecting this position has been placed on record. Legal heirs of the sole appellant have been detailed in para 3 of CMP(M) No.438 of 2023. Since the application is not within limitation, hence, CMP(M) No.439 of 2023 has been moved seeking condonation of delay in filing the application under Order 22 Rule 3 of the Code of Civil Procedure (CPC). The application has been opposed by the non-applicant/respondent No.2. The death has occurred during the pendency of the appeal. The appellants have given cogent reasons for condoning the delay in para 3 of CMP(M) No.439 of 2023.
In view of the submissions advanced by learned counsel for the parties, the pleadings made in the application ::: Downloaded on - 01/07/2023 20:37:12 :::CIS and in the interest of justice, the applications are allowed.
.
Delay in moving the application under Order 22 Rule 3 CPC is condoned. Accordingly, CMP(M) No.439 of 2023 is allowed and disposed of. For the same reason, CMP(M) No.438 of 2023 is also allowed. Legal heirs of late Sh. Shankar as detailed in para 3 of the application (save and except the legal heirs that are already on record as respondents No.3 to
5) are brought on record as appellants No.1(a) to 1(c).
Learned vice counsel appearing for the appellants submits that he will be filing Power of Attorney on behalf of the newly impleaded appellants within two weeks. Amended memo of parties stands already filed. The Registry is directed to carry out necessary corrections in the memo of parties.
The applications stand disposed of.
RFA No.126 of 2015Post-admission steps for service of respondents No.3 to 5 be taken within the aforesaid period. List thereafter.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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VR Process Engineering Consultants Pvt. Ltd. Versus Dadhol Agriculture Service Co-operative Society Ltd.
.
Civil Suit No.37 of 201915.06.2023 Present: Mr. Sumeet Raj Sharma, Advocate, for the plaintiff.
Mr. Neel Kamal Sharma, Advocate for the defendant.
OMP No.258 of 2023within two weeks.
r to Reply to the application, as prayed for, be filed List on 06.07.2023.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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Kaushalya Devi & Ors. Vs. Rameshwar & Ors.
Civil Revision No.61 of 2020.
15.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the petitioners. Ms. Seema K. Guleria, Advocate, for respondents No.1 to 12, 15 to 21, 23, 24 and 26 to 32.
The petitioners have not taken steps to bring on record the legal representatives of deceased respondent No.22 ever since 04.04.2022. Learned counsel for the petitioners submits that the needful shall be positively done within three weeks. Let him do so, but subject to costs of Rs.1000/- to be deposited with the Himachal Pradesh State Legal Services Authority within a period of one week. Learned counsel for the petitioners submitted that respondent No.33 (Smt. Batti Devi) has also died in the interregnum.
Consequential steps in that regard be also taken within the aforesaid period.
List on 12.07.2023.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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The Chief Engineer, NH HPPWD & Ors. Vs. Om Prakash Sharma Arb. Case No.80 of 2020 .
15.06.2023 Present: Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the petitioners.
Mr. Sumeet Raj Sharma, Advocate, for the respondent.
OMP No.477 of 2022weeks.
r to Rejoinder, as prayed for, be filed within three List on 12.07.2023.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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Raksha Devi Versus State of H.P. & Ors.
Ex. Pet. No.53 of 2023.
15.06.2023 Present: Mr. Rajesh Verma, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondents No.1 to 4.
Mr. Rangil Singh, Advocate, for respondent No.5.
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Rangil Singh, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 4 and respondent No.5, respectively.
Compliance affidavit be filed before the next date.
List on 04.07.2023.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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Ashwani Kumar Vs. Vandna Devi FAO No.166 of 2014 .
15.06.2023 Present: Mr. Neel Kamal Sharma, Advocate, for the appellant.
Mr. Rajesh Mandhotra, Advocate, for the respondent.
At the request of learned counsel for the parties, list the matter on 28.06.2023, when the parties shall also remain present in the Court.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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Meeta Kumari Vs. State of H.P. & Ors.
CWP No.7603 of 2022.
15.06.2023 Present: Mr. Arun Kumar, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
Learned Deputy Advocate General has placed on record copy of the instructions dated nil of June, 2023.
As prayed for, list on 17.06.2023.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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UOI & Ors. Vs. M.E.S. Contract Workers Union & Ors.
CWP No.3172 of 2021.
15.06.2023 Present: Mr. Balram Sharma, DSGI, for the petitioners.
Mr. Sanjay Bhardwaj, Advocate, for respondents No.1 to 17 and 19.
List as per roster.
June 15, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Ram Saran Vs. State of H.P. & Anr.
CWP No.1749 of 2022.
15.06.2023 Present: Mr. Ashok Kumar, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
List as per roster.
June 15, 2023
Mukesh
to Jyotsna Rewal Dua
Judge
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HFCL Ltd. Vs. State of H.P. & Ors.
alongwith connected matters .
CWP No.7917 of 2022 a/w CWP Nos.7556, 7918, 7926, 8561, 8562, 8574, 8575, 8579, 8582, 8588, 8590, 8592, 8594, 8596, 8598, 8600, 8601 to 8603, 8611, 8613, 8614, 8616, 8633, 8685 to 8688, 8691 to 8698 and 8709 to 8714 of 2022 15.06.2023 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the petitioner(s) in all the petitions except CWP No.7556 of 2022. Ms. Meena, Advocate vice Mr. Parav Sharma, Advocate, for the petitioners in CWP No.7556 of 2022.
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents- State in all the petitions.
Mr. Rohit Sharma and Mr. Anuj Gupta, Advocates, for respondent No.3 in all the petitions except CWP No.7556 of 2022.
CWP No.7556 of 2022Delinked.
CWP No.7917 of 2022 a/w CWP Nos.7918, 7926, 8561, 8562, 8574, 8575, 8579, 8582, 8588, 8590, 8592, 8594, 8596, 8598, 8600, 8601 to 8603, 8611, 8613, 8614, 8616, 8633, 8685 to 8688, 8691 to 8698 and 8709 to 8714 of 2022 The matters are admitted.
List as per roster.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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Kuldeep Kumar Vs. State of H.P. & Ors.
CWP No.2718 of 2021.
15.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondents No.1 and 2.
Mr. Ravi Kumar Patiyal, Advocate, for respondent No.3.
Ms. Vandana Kumari, Advocate vice Mr. Sanjay Jaswal, Advocate, for respondent No.5.
Mr. Ketan Singh, Advocate, for respondent No.6.
Mr. Bonit Thakur, Advocate, for respondent No.10.
CMP No.14428 of 2022Learned counsel for the non-applicants/ respondents have no objection for allowing the prayer made in the application. Accordingly, the application is allowed and disposed of. Amended writ petition is taken on record.
The documents/annexures filed with the writ petition are ordered to be transposed to the amended writ petition.
CMP No.1737 of 2023Disposed of as having been rendered infructuous.
CWP No.2718 of 2021The office reports that notice issued to respondent No.4 has been served, however, none has put in appearance on his behalf. Hence, respondent No.4 is proceeded against ex-parte.
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awaited for a further period of two weeks.
Reply to the amended writ petition be filed within three weeks.
List as per roster.
June 15, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
::: Downloaded on - 01/07/2023 20:37:12 :::CIS
Dr. Parul Uppal Vs. Ms. M. Sudha Devi & Anr.
COPC(T) No.4 of 2023.
16.06.2023 Present: Mr. K.D. Sood, Senior Advocate with Mr. Het Ram, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Compliance affidavit be filed before the next date of hearing.
List on 10.07.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Devi Saran & Ors. Vs. Roop Ram & Ors.
RSA No.612 of 2009.
16.06.2023 Present: Mr. Ajeet Pal Singh Jaswal, Advocate, for the appellants.
Mr. Suneet Goel, Advocate, for the respondents.
Legal representatives of deceased appellant No.4 shall be brought on record of the appeal as appellants No.4(a) and 4(b) and not as appellants No.2(a) and 2(b) as recorded in the order dated 13.06.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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HPSEB Ltd. Vs. M/s Sai Engineering Foundation alongwith connected matter .
Arb. Case No.99 of 2015 a/w Arb. Case No.10 of 2016 Arb. Case No.99 of 2015 16.06.2023 Present: Mr. J.S. Bhogal, Senior Advocate with Mr. Satish Sharma, Advocate, for the petitioner. Mr. Aman Sood, Advocate, for the respondent.
Arb. Case No.10 of 2016Mr. Aman Sood, Advocate, for the petitioner. Mr. J.S. Bhogal, Senior Advocate with Mr. Satish r Sharma, Advocate, for the respondent.
Mr. Aman Sood, learned counsel for the petitioner in Arb. Case No.10 of 2016, requests for taking up the matters on 08.08.2023. Prayer is not opposed.
List on 08.08.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Sanjay Kumar Gangania Vs. Rita Sharma CMPMO No.208 of 2023 .
16.06.2023 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Varun Thakur, Advocate, for the petitioner. Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the respondent.
Learned counsel for the petitioner seeks two weeks' time to place on record copy of order dated 21.06.2018 passed in HMA No.7-III/2015.
r As prayed for, list the matter on 11.07.2023.
Jyotsna Rewal Dua June 16, 2023 Judge Mukesh ::: Downloaded on - 01/07/2023 20:37:12 :::CIS HIMUDA Vs. Saroj Rastogi RSA No.51 of 2009 .
16.06.2023 Present: None.
The matter has been passed over twice. Sh. Amit Singh Chandel, learned counsel for the appellant has not appeared. In the interest of justice, list the matter on 23.06.2023.
r to
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Vicky Vs. State of Himachal Pradesh Cr.MP(M) No.1289 of 2023 .
16.06.2023 Present: Mr. R.S. Chandel, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondent.
List on 17.06.2023, as prayed for.
r Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Tanuja Kumari & Ors. Vs. State of H.P. & Ors.
CWP No.1547 of 2022.
16.06.2023 Present: Ms. Rajani, Advocate vice Mr. Jeevan Kumar, Advocate, for the petitioners.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2.
Ms. Kiran Verma, Advocate vice Mr. Rajinder Thakur, Advocate, for respondent No.3.
CMP No.7061 of 2023No case for early hearing is made out. The application is accordingly dismissed.
CWP No.1547 of 2022List as per roster.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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United India Insc. Com. Ltd. Vs. Savitri Devi & Anr.
CMPMO No.646 of 2022.
16.06.2023 Present: None for the petitioner.
Mr. Sohail Khan, Advocate, for respondent No.1.
The matter has been called over twice. Learned Senior Counsel for the petitioner has not remained present today. In the interest of justice, list on 30.06.2023.
r Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Joginder Singh & Ors. Vs. State of H.P. RSA No.314 of 2008 .
16.06.2023 Present: Mr. Bhupender Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants. Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondent.
Learned counsel for the appellants seeks time to prepare the brief. At his request, list on 17.07.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Jagdish Chand & Ors. Vs. Swaroop Chand & Ors.
RSA No.440 of 2008.
16.06.2023 Present: Mr. Sunil Mohan Goel, Advocate, for the appellants.
Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the respondents.
Learned counsel for the appellants states that appellant No.1(b) has died. He seeks time to obtain instructions for taking consequential steps in that regard and also as to whether the appellants are interested to pursue the matter or not. At his request, list on 12.07.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Gurnam Singh Vs. State of H.P. RSA No.673 of 2008 .
16.06.2023 Present: Mr. Atharv Sharma, Advocate, for the appellant.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the respondent.
List on 23.06.2023, as prayed for by learned counsel for the appellant.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Shiva Nand Vs. Sukh Lal Sharma & Ors.
RSA No.183 of 2009.
16.06.2023 Present: Mr. Ashok Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for the appellant. Mr. B.S. Chauhan, Senior Advocate with Mr. Munish Dhatwalia, Advocate, for respondents No.1 and 2.
List on 17.07.2023, as prayed for.
June 16, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Melo Devi Vs. Bhag Singh
RSA No.436 of 2009
.
16.06.2023 Present: Mr. Shubham Thakur, Advocate vice Mr. Parav Sharma, Advocate, for the appellant. Mr. Atharv Sharma, Advocate, for the respondent.
List on 24.07.2023, as prayed for by learned counsel for the appellant.
June 16, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Jarnail Singh & Ors. Vs. Naseeb Singh RSA No.568 of 2009 .
16.06.2023 Present: Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants. Mr. Atharv Sharma, Advocate, for the respondent.
Since 2019, date is being taken on behalf of the respondent for filing fresh Power of Attorney. As prayed for, purpose.
r to final opportunity of three weeks is now granted for this List the matter for hearing on 19.07.2023.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Mansha Ram (Deceased) through LRs & Ors.
Vs. Brij Lal & Ors.
.
RSA No.555 of 201016.06.2023 Present: Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Shubham Thakur, Advocate vice Mr. Parav Sharma, Advocate, for the respondents.
List on 19.07.2023, as prayed for.
June 16, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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OIC Ltd. Vs. Shridhar and others alongwith connected appeals .
FAO No.9 of 2015 a/w FAO Nos.19, 20, 21 and 22 of 2015 16.06.2023 Present: Mr. Ashwani K. Sharma, Senior Advocate with Mr. Ishan Sharma, Advocate, for the appellant(s). Mr. Adarsh Sharma, Advocate, for respondents No.1 to 3-Claimants.
Mr. Arun Kumar, Advocate vice Mr. Divya Raj Singh, Advocate, for respondent No.4.
List on 07.07.2023, as prayed for alongwith FAO No.287 of 2015.
Jyotsna Rewal Dua
June 16, 2023 Judge
Mukesh
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Go Prasad Versus State of H.P. & Ors.
Ex. Pet. No.77 of 2023.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
Learned Additional Advocate General has placed on record copy of consideration order dated 15.06.2023.
Learned Proxy Counsel for the petitioner seeks time to obtain instructions.
List on 26.06.2023.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Anil Kumar Versus State of H.P. Cr.MP(M) No.1276 of 2023 .
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondent.
ASI Dev Raj, Police Station Sundernagar, District Mandi, H.P., present in person alongwith record.
List on 27.06.2023, as prayed for.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Salman Versus State of H.P.
Cr.MP(M) No.1363 of 2023
.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondent.
ASI Maan Dass, Police Station Paonta Sahib, District Sirmour, H.P., present in person alongwith record.
r List on 28.06.2023, as prayed for.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Virender Kumar @ Gagan Versus State of H.P. Cr.MP(M) No.1373 of 2023 .
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondent.
ASI Dev Raj, Police Station Sundernagar, District Mandi, H.P., present in person alongwith record.
List on 27.06.2023, as prayed for.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Kuldeep Thakur Versus State of H.P. Cr.MP(M) No.1374 of 2023 .
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondent.
ASI Maan Dass, Police Station Paonta Sahib, District Sirmour, H.P., present in person alongwith record.
r List on 26.06.2023, as prayed for.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Nikhil Arora Vs. State of H.P. & Ors.
Cr.MP No.2037 of 2023 in .
Cr.MMO No.456 of 202317.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.1.
Mr. Ganesh Barowalia, Proxy Counsel, for respondent No.2.
Cr.MP No.2037 of 2023Prayer in the application is to correct FIR number in para 6 of the order dated 25.05.2023. Actual FIR number involved in the case was 03/2022.
Accordingly, the words 'F.I.R. No.02/2022' in para 6 of the order dated 25.05.2023 be read as 'F.I.R.
No.03/2022'. Necessary correction be carried out by the Registry in the order dated 25.05.2023.
The application stands disposed of.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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LAC HPPWD Vs. Shiv Saran
CMP Nos.6136 & 6137 of 2023
.
in RFA No.276 of 2015
17.06.2023 Present: Mr. Rupinder Singh Thakur, Additional Advocate
General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the non- applicant/appellant.
Mr. Himanshu Thakur, Proxy Counsel, for the applicants/respondents.
Reply to the applications has still not been filed.
As prayed for, final opportunity is granted to file reply. Be filed before the next date.
List on 12.07.2023.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Ruchy Sharma Vs. State of H.P. & Ors.
CWP No.3403 of 2021.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
CMP No.6839 of 2023No case for early hearing is made out at this stage. The application is accordingly dismissed.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Kartar Singh Vs. HRTC & Anr.
CWP No.2003 of 2020
.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the
petitioner.
Mr. Ganesh Barowalia, Proxy Counsel, for the respondents.
CMP No.6842 of 2023No case for early hearing is made out at this stage. The application is accordingly dismissed.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Savita Devi & Ors. Vs. State of H.P. & Ors.
CWP No.7907 of 2022.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioners.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
CMP No.6843 of 2023Prayer in the application is that promotion to the post of Principal (DIET) be made subject to the final outcome of the main writ petition. The main writ petition was admitted on 13.03.2023. It has been pleaded in the application that during the pendency of this writ petition, some of the similarly situated persons preferred a writ petition bearing CWP No.3096 of 2023 (Pratap Chand and others Versus State of H.P. and others), praying for the same relief as sought in the instant writ petition. In CWP No.3096 of 2023, following order as extracted in para 4 of the application, was passed:-
"CMP No.6089 of 2023Notice in aforesaid terms.
Reply, as prayed, be filed within four weeks. Promotion to the post of Principal (DIET), if any, during pendency of the present petition, shall be subject to final outcome of this petition and it shall be notified in the orders of promotions, if any, issued during pendency of the petition."
In view of the above, the applicant/petitioner prays for passing the similar order in the instant petition to the effect that promotions to the post of Principal (DIET) ::: Downloaded on - 01/07/2023 20:37:12 :::CIS be made subject to final outcome of this writ petition. The .
prayer is not opposed by learned Deputy Advocate General.
In view of the averments made in the application and the submissions advanced by learned Deputy Advocate General, the application is allowed. It is ordered that promotions to the post of Principal (DIET), if any, during pendency of the present writ petition, shall be subject to the final outcome of this writ petition. It shall also be so notified in the orders of promotion, if any, issued during pendency of the petition.
The application stands disposed of.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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M/s Maa Chamunda Flour Mills Vs. State of H.P. & Ors.CWP No.3603 of 2021
.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondents No.1, 2, 4 and 5.
Mr. Ganesh Barowalia, Proxy Counsel, for respondent No.3.
CMP No.7062 of 2023Prayer in the application is to place on record documents appended with the application. Learned counsel for the respondents have no objection for placing of documents on record. Accordingly, the application is allowed to the extent that the documents appended alongwith it are taken on record.
The application stands disposed of.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Sarita Kumari Vs. State of H.P. & Ors.
CWP No.7721 of 2021.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondents.
CMP No.7175 of 2023No case for early hearing is made out at this stage. The application is accordingly dismissed.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Krishan Chand Vs. State of H.P. & Ors.
CWP No.3725 of 2021.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondents No.1 and 2.
Mr. Ganesh Barowalia, Proxy Counsel, for the private respondents.
CMP No.7180 of 2023The respondents have not filed reply to the writ petition, therefore, no orders can be passed in this application. The application is accordingly disposed of.
Liberty is, however, reserved to the petitioner to move a fresh application for early hearing at an appropriate stage.
CWP No.3725 of 2021As prayed for, reply be positively filed by the respondents within four weeks. List thereafter.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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State of H.P. Vs. Sham Lal and others RSA No.33 of 2008 .
17.06.2023 Present: Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the appellant.
Mr. Ganesh Barowalia, Proxy Counsel, for the represented respondents.
List on 13.07.2023.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Arun Bala Vs. Ramesh Arora & Anr.
RSA No.276 of 2008.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the appellant.
Mr. Ganesh Barowalia, Proxy Counsel, for respondent No.1.
Respondent No.2 stands deleted.
List on 05.07.2023, as prayed for.
r Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Rajinder Kumar & Anr. Vs. Madan Gopal RSA No.311 of 2008 .
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the appellants.
Mr. Ganesh Barowalia, Proxy Counsel, for the respondent.
List on 19.07.2023, as prayed for.
June 17, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Lekh Ram Versus Jai Krishan (Deceased) through Lrs.
and others alongwith connected appeal .
RSA Nos.560 and 527 of 2008 17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the appellant in RSA No.560 of 2008 and respondent in RSA No.527 of 2008.
Mr. Ganesh Barowalia, Proxy Counsel, for the appellants in RSA No.527 of 2008 and respondents No.560 of 2008.
List on 06.07.2023, as prayed for.
Jyotsna Rewal Dua
June 17, 2023 Judge
Mukesh
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Rupa (Deceased) through Lrs. & Anr. Vs. Puniya Devi & Ors.
.
RSA No.439 of 200917.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the appellants.
Mr. Ganesh Barowalia, Proxy Counsel, for respondents No.4 to 6.
List on 06.07.2023, as prayed for.
June 17, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Nihalu Mal Sood & Ors. Vs. Ashwani Kumar & Anr.
RSA No.568 of 2010.
17.06.2023 Present: Mr. Himanshu Thakur, Proxy Counsel, for the appellants.
Mr. Ganesh Barowalia, Proxy Counsel, for the respondents.
List on 28.07.2023, as prayed for.
June 17, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Omi Chand Versus State of H.P. Cr.MP(M) No.1380 of 2023 .
19.06.2023 Present: Mr. Bhupinder Ahuja, Advocate, for the petitioner.
Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for the respondent. ASI Jagdish Chand, Police Station Bhunter, District Kullu, H.P., present in person alongwith record.
r to The respondent has filed the status report. In terms of the status report and the submissions made by learned Deputy Advocate General, there are total 15 prosecution witnesses, out of which 10 have already been examined. The matter is stated to be fixed before the learned Trial Court for examination of remaining 5 witnesses on 21.07.2023.
List this matter on 24.07.2023.
Jyotsna Rewal Dua
June 19, 2023 Judge
Mukesh
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Kaushal Bhardwaj Vs. Sharmila Civil Revision No.86 of 2023 .
23.06.2023 Present: Mr. Peeyush Verma, Advocate, for the petitioner.
C.R. No.86 of 2023 & CMP No.7095 of 2023 Issue notice to the respondent, returnable for 24.07.2023, on taking steps within four days.
In the meanwhile, execution and operation of the impugned judgment dated 04.03.2023, passed by the learned Appellate Authority (III), Shimla in Rent Appeal No.6-S/14 of 2022 (Kaushal Bhardwaj Versus Sharmila) shall remain stayed.
List on 24.07.2023.
CMP No.7098 of 2023The application is disposed of with a direction to the applicant/petitioner to file certified copy of the judgment in question before the next date of hearing.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Kaushal Bhardwaj Vs. Sharmila Civil Revision No.87 of 2023 .
23.06.2023 Present: Mr. Peeyush Verma, Advocate, for the applicant/ petitioner.
CMP(M) No.635 of 2023Issue notice to the non-applicant/respondent, returnable for 24.07.2023, on taking steps within four days. rList on 24.07.2023.
CMP No.7102 of 2023The application is disposed of with a direction to the applicant/petitioner to file certified copy of the judgment in question before the next date of hearing.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Bhagat Ram Vs. Durga Mehta
CMPMO No.258 of 2023
.
23.06.2023 Present: Mr. Karan Thakur and Mr. Sanjay Ranta,
Advocates, for the petitioner.
Issue notice to the respondent, returnable for 17.07.2023, on taking steps within two days. In addition, dasti service upon the respondent is also permitted on usual terms, on taking steps within two days.
r List on 17.07.2023.
Jyotsna Rewal Dua Judge June 23, 2023 Mukesh ::: Downloaded on - 01/07/2023 20:37:12 :::CIS Hari Narayan & Ors. Vs. Mool Raj (Deceased) through LRs & Ors.
.
RSA No.362 of 200923.06.2023 Present: Mr. Rajesh Kashyap, Advocate, for the appellants.
Mr. Ishan Sharma, Advocate, for respondents No.1(a) to 1(e).
Respondent No.2 has expired.
Respondents No.3 to 5 and 7 to 10 ex-parte.
Respondents No.6 and 11 stand deleted. r None for respondent No.12, though represented.
CMP(M) Nos.1171 & 1172 of 2021 Respondent No.2-Sh. Ajay Kumar is stated to have died on 01.07.2019. Hence, CMP(M) No.1171 of 2021 has been moved to bring on record his legal heirs. Since there is delay in moving the application, another application, bearing CMP(M) No.1172 of 2021, has been instituted for condoning the delay to bring on record the legal representatives of respondent No.2.
At this stage, learned counsel for the applicants/ appellants submits that there are some inadvertent errors in the pleadings of the applications. He prays for withdrawing the applications with liberty to file afresh after incorporating the material pleadings. Prayer is not opposed. Accordingly, the applications are dismissed as withdrawn with liberty as aforesaid.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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State of H.P. & Ors. Vs. Shyam Dutt & Ors.
RFA No.181 of 2016.
23.06.2023 Present: Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for the appellants.
None for the respondents.
At the request of learned Additional Advocate General, last opportunity of three weeks is granted to the appellants to take steps for service of respondents No.6(a) to 6(d), 9(a) and 9(b). In case the steps are taken within the aforesaid period, issue notice to the said respondents, returnable within further four weeks. Amended memo of parties be also filed in the meanwhile. List thereafter.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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The Kangra Central Co-operative Bank Vs. State of H.P. & Ors.
.
CWP No.249 of 201723.06.2023 Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr. Rajesh Kumar, Advocate, for respondents No.3 to 11.
Mr. Ashok Chaudhary, Advocate, for respondents No.15, 17 and 19.
Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for respondent No.21.
CMP(M) No.13 of 2023Learned counsel for the petitioner states that he had supplied correct address for service of respondent No.12 on 13.03.2023. Learned counsel further submits that fresh steps for service of respondents No.13(a) and 13(b) in form of supplying their correct addresses have been taken yesterday. He also submits that steps for service of respondent No.18 have been taken today. It being so, let notice be issued to the unserved respondents, i.e. respondents No.12, 13(a), 13(b) and 18, returnable for 25.07.2023.
CWP No.249 of 2017Mr. Ashok Chaudhary, learned counsel states that respondents No.17 and 19 have also died. Learned ::: Downloaded on - 01/07/2023 20:37:12 :::CIS counsel for the petitioner to take consequential steps in .
that regard within four weeks from today.
List on 25.07.2023.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
r to
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Dr. Minakshi Sumbria Vs. State of H.P. & Anr.
CWPOA No.3109 of 2020.
23.06.2023 Present: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondent No.1.
Mr. Sunil Mohan Goel, Advocate, for respondent No.2.
CMP(T) No.62 of 2023Learned Additional Advocate General states that on the previous listing of the case, an incorrect statement was made that "respondent No.1 does not intend to file any reply to the application". He further submits that respondent No.1 intends to oppose the application and for that purpose, it is moving an appropriate application. He requests for taking up the matter on 10.07.2023.
List on 10.07.2023.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Guman Singh Vs. State of H.P. & Ors.
C.S. No.105 of 2021.
23.06.2023 Present: Mr. Prem Prakash Chauhan, Advocate, for the plaintiff.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for defendants No.1 and 2.
Mr. Arjun Lall, Advocate, for defendant No.3.
Learned counsel for defendant No.3 states that admission-denial on behalf of respondent No.3 shall be carried out on the next date given by the Registry. Let the matter be fixed for admission-denial of the documents on behalf of defendant No.3 by the learned Registrar (Judicial). It is made clear that no further date shall be granted for this purpose.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Manisha Kumari Vs. State of H.P. & Ors.
CWP No.9088 of 2022.
23.06.2023 Present: Ms. Priya Sharma, Advocate vice Mr. Adarsh K. Vashista, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 to 4-State.
The matter is admitted. Post-admission steps for service of respondent No.5 be taken within two weeks.
Reply by respondents No.1 to 4, as prayed for, be also filed within three weeks. List thereafter.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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LAC HPSEB & Anr. Vs. Rupinder Dhalta & Ors.
RFA No.368 of 2016.
23.06.2023 Present: Mr. Vivek Negi, Advocate, for the appellants.
Mr. Davinder Chauhan Jaita, Advocate, for respondents No.1, 2 and 4.
Mr. Y.P. Sood, Advocate, for respondent No.3.
CMP No.12298 of 2022Reply to the application filed by respondent No.3 is stated to be lying under objections. Learned counsel for respondent No.3 prays for and is allowed a week's time to remove the objections and to ensure that the reply is placed in the case file.
List on 04.07.2023.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Ramji Dass Vs. Roshan Lal Jindal & Ors.
C.S. No.33 of 2023.
23.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Jeevesh Sharma, Advocate, for the plaintiff.
Mr. Rajat Awasthy, Advocate, for defendant No.9.
C.S. No.33 of 2023 & OMP No.238 of 2023 Let fresh steps for service of defendant No.4 including furnishing his correct address be taken within a week. In case the steps are so taken, notice be issued to the said defendant, returnable for 19.07.2023. Notices issued to defendants No.1 to 3, 5 to 8 and 10 to 12 are stated to be awaited. Be awaited till the next date of hearing.
Defendant No.9 may also file written statement to the civil suit and reply to the application alongwith Power of Attorney in the meanwhile.
List on 19.07.2023.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Anjana Kumari & Ors. Vs. State of H.P. & Anr.
Ex. Pet. No.33 of 2023.
23.06.2023 Present: Mr. Rocky, Advocate vice Mr. Devender K. Sharma, Advocate, for the petitioners.
Mr. Y.P.S. Dhaulta, Additional Advocate General, for the respondents.
Neither the compliance affidavit nor any reply to the petition has been filed by the respondents. Learned Additional Advocate General prays for taking up the matter on 26.06.2023. At his request, list the matter on 26.06.2023.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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Nek Ram Vs. Sh. Subhashish Panda & Ors.
COPC No.417 of 2022.
23.06.2023 Present: Mr. H.R. Sidhu, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
On 02.06.2023, following order was passed in the matter:-
This contempt petition arises out of non- implementation of judgment dated 26.11.2021 rendered rin CWP No.56 of 2020 (Nek Ram Versus State of H.P. and others). On previous occasions, the sole defense of the respondents for not implementing the judgment was pendency of LPA No.19 of 2023 (State of H.P. and others Versus Nek Ram and others) instituted by the State against the aforesaid judgment. It is not in dispute that LPA No.19 of 2023 has been dismissed on 10.03.2023. It is also not in dispute that as of now there is no challenge to judgment dated 26.11.2021 rendered in CWP No.56 of 2020.
Despite the above admitted factual position, learned Additional Advocate General submits that LPAST No.35063/2022, involving the issues which were subject matter of the decisions rendered in the instant case, was listed before the Division Bench of this Court on 17.05.2023, when the Hon'ble Court directed the Registry to list all similar cases (approximately 1000) on the next date of hearing and the matter has been posted for 05.07.2023.
In the instant case, the letters patent appeal filed by the respondent-State against the judgment in question stands dismissed. Hence, the respondents cannot take the stand of pendency of other similar cases or other appeals for not implementing the judgment in question. However, at the request of learned Additional Advocate General, two weeks' time is granted to the respondents to implement the judgment in letter and spirit, failing which appropriate order shall be passed in the matter on the next date of hearing.
List on 23.06.2023."
There are no further instructions available with learned Additional Advocate General in respect of ::: Downloaded on - 01/07/2023 20:37:12 :::CIS compliance of the judgment in question. Despite the .
dismissal of the Letters Patent Appeal No.19 of 2023, the respondents have still not complied with the judgment.
Let the matter be listed in the Court on 28.06.2023. It is made clear that in case the judgment in question is not implemented by the next date, respondents fixed.
r to No.2 to 4 shall remain present in the Court on the date Jyotsna Rewal Dua June 23, 2023 Judge Mukesh ::: Downloaded on - 01/07/2023 20:37:12 :::CIS State of H.P. Vs. Ramesh Chand & Ors.
RFA No.149 of 2015.
23.06.2023 Present: Mr. Varun Chandel, Additional Advocate General, for the appellant.
Ms. Ritta Goswami, Senior Advocate with Ms. Komal Chaudhary, Advocate, for the respondents.
Arguments heard. Judgment reserved.
r Jyotsna Rewal Dua
Judge
June 23, 2023
Mukesh
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Goel Dal Mill Vs. HPSCSCL a/w connected matter Arb. Case Nos.81 and 82 of 2017 .
23.06.2023 Present: Mr. Atul Jhingan, Advocate, for the petitioner(s) in both the petitions.
Mr. Tarun K. Sharma, Advocate, for the respondent(s) in both the petitions.
List on 20.07.2023, as prayed for.
June 23, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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Jarnail Singh Vs. UOI & Ors.
CWP No.509 of 2018
.
23.06.2023 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the petitioner.
Mr. Lokender Paul Thakur, Senior Panel Counsel, for the respondents.
List on 25.07.2023, as prayed for.
June 23, 2023
to Jyotsna Rewal Dua
Judge
Mukesh
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CWP No.1251 of 2018
.
23.06.2023 Present: Mr. Vipinder Roach, Advocate, for the petitioner.
None for the respondents.
List on 19.07.2023, as prayed for.
June 23, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Sanjeev Chauhan Vs. UOI & Ors.
CWP No.1274 of 2019.
23.06.2023 Present: Mr. Karun Negi, Advocate, for the petitioner.
Mr. Lokender Paul Thakur, Senior Panel Counsel, for respondent No.1.
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General, for respondents No.3 and 5 to 7. Ms. Tim Saran, Advocate vice Mr. Pawan K. r Sharma, Advocate, for respondent No.4.
Counter affidavit stands filed.
Matter is admitted. List as per roster.
Jyotsna Rewal Dua
June 23, 2023 Judge
Mukesh
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HPSEB Ltd. & Ors. Vs. M/s I.D. Sood Ispat Pvt. Ltd.
alongwith connected matter .
CWP No.5537 of 2022 a/w CWP No.8160 of 2022 CWP No.5537 of 2022 26.06.2023 Present: Mr. Tara Singh Chauhan, Advocate, for the petitioners.
Mr. S.D. Sharma, Advocate, for respondent No.1 and for the applicant in CMP No.16177 of 2022.
r to CWP No.8160 of 2022 Mr. Tara Singh Chauhan, Advocate, for the petitioners.
Mr. Abhishek Sethi and Ms. Richa Sethi, Advocates, for respondent No.1.
CWP Nos.5537 & 8160 of 2022 Final opportunity to file rejoinder, as prayed for, is accorded to the petitioners. Be filed before the next date.
CMP No.16177 of 2022 in CWP No.5537 of 2022 Learned counsel for the petitioners submits that reply to the application has been filed, however, the same is not on record. Be placed in file, if in order.
List on 17.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Manoj Sharma Vs. Central University & Anr.
CWP No.8441 of 2022.
26.06.2023 Present: Mr. Sohail Khan, Advocate vice Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Balram Sharma, DSGI, for respondent No.1. Mr. Paras Dhaulta, Advocate, for respondent No.2.
Three weeks' time, as prayed for, is granted to the petitioner to file rejoinder.
rThe matter stands already admitted.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Bajaj Allianz Gen. Insc. Vs. Vidya Devi & Ors.
CMP No.15129 of 2022.
in FAO No.389 of 201526.06.2023 Present: Mr. Jagdish Thakur, Advocate, for the non-
applicant/appellant.
Mr. Sanjay Bhardwaj, Advocate, for the applicants/respondents No.1 to 4.
The grievance raised by the applicants/ respondents No.1 to 4 is that the non-applicant/appellant-
Company has deducted TDS from the awarded amount as well as from the enhanced amount of compensation. Similar issue cropped up before the Co-ordinate Bench of this Court in CMP No.5557 of 2022 in FAO No.406 of 2015, wherein following order was passed on 18.11.2022:-
"CMP No. 5557 of 2022The TDS deducted by the Insurance Company is in teeth of the judgment rendered by this Court, to which this Court is privy in CWPIL No. 9 of 2014 titled Court on its own motion vs. The H.P. State Cooperative Bank Ltd. and others, decided on 15.10.2014. In such circumstances, the Insurance Company is directed to deposit the entire deficit amount i.e. the amount deducted towards TDS in the Registry of this Court along with up-to-date interest within a period of four weeks. It is further made clear that the Insurance Company shall have a right to recover the same along with interest from the Office of the Chief Income Tax Commissioner, TDS-1, 4th Floor, PMT Building, Swargate, Pune.
List on 16.12.2022."
The legal position is well settled that the Insurance Company cannot deduct TDS from the awarded compensation amount. Hence, the non-applicant/appellant-
Company is directed to deposit the entire deficit amount, i.e. the amount deducted towards TDS from the compensation ::: Downloaded on - 01/07/2023 20:37:12 :::CIS amount due and admissible to the applicants/respondents .
No.1 to 4 alongwith upto date interest in the Registry of this Court within a period of four weeks from today. The Insurance Company shall have the right to recover the amount alongwith interest from the office of the Chief Income Tax Commissioner, TDS-1, 4th Floor, PMT Building, Swargate, Pune.
The application stands disposed of.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Anjana Kumari & Ors. Vs. State of H.P. & Anr.Ex. Pet. No.33 of 2023
.
26.06.2023 Present: Mr. Rocky, Advocate vice Mr. Devender K. Sharma, Advocate, for the petitioners.
Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General, for the respondents.
Learned Additional Advocate General has placed on record copy of instructions dated nil, June, 2023, indicating that due and admissible benefits have been granted to petitioners No.1 and 4. The instructions are also to the effect that for complying the judgment vis-à-vis petitioners No.2 and 3, the respondents require two weeks' more time.
In view of the above, list the matter on 13.07.2023 to oversee the compliance of the judgment in letter and spirit.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Jai Nand Vs. State of H.P. & Ors.
Ex. Pet. No.61 of 2023.
26.06.2023 Present: Mr. Naveen K. Bhardwaj, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Varun Chandel, Additional Advocates General, for the respondents.
Notice. Mr. Rupinder Singh Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Compliance affidavit be filed before the next date.
List on 19.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Ranjeet Singh Vs. State of H.P. & Ors.
CWP No.4200 of 2020.
26.06.2023 Present: Mr. Anil Kumar God, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3.
Mr. Karun Negi, Advocate, for respondent No.4.
r to CMP No.7618 of 2023 List on 30.06.2023, as prayed for.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Chhote Lal Vs. State of H.P. & Ors.
CWP No.2877 of 2023.
26.06.2023 Present: Ms. Abhilasha Kaundal, Advocate vice Mr. A.K. Gupta, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
At the request of learned vice counsel appearing for the petitioner, list on 27.06.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Dr. Abhinav Awasthi & Ors. Vs. State of H.P. & Ors.
CWP No.6523 of 2021.
26.06.2023 Present: Mr. Vishwa Bhushan, Advocate, for the petitioners.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3 and 5.
Mr. Neel Kamal Sharma, Advocate, for respondent No.4.
CWP No.6523 of 2021 & CMP No.12356 of 2021 Various orders passed in the matter from time to time reflect that the respondent-State has been projecting that draft policy has been framed, but is yet to be approved by the Cabinet. For that reason, the matter has been repeatedly adjourned. The policy has still not been placed on record.
Today, when the matter was taken up, learned Deputy Advocate General placed on record copy of the instructions dated 09.06.2023, issued from the office of the Secretary (Health) to the Government of Himachal Pradesh addressed to the office of learned Advocate General, to the effect that four weeks' more time is required to proceed further in the matter. Learned counsel for the petitioners submitted that almost a year has gone by, but the draft policy has still not been finalized by the respondents. He further submits that counselling for PG Course is on the anvil. Under these circumstances, the ::: Downloaded on - 01/07/2023 20:37:12 :::CIS respondents are directed to take a final call in the matter .
before the next date, so that interest of the petitioners is also protected.
List on 07.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Hardyal Singh and Ors. Vs. Hardyal Singh and Ors.
CMPMO No.95 of 2022.
26.06.2023 Present: Mr. Malay Kaushal, Advocate vice Mr. Harsh Khanna, Advocate, for the petitioners. Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for the respondents.
At the request of learned vice counsel appearing for the petitioners, list on 13.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Bajaj Finance Ltd. Vs. ERA Enterprises & Anr.
CMPMO No.476 of 2022.
26.06.2023 Present: Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, three weeks' further time is granted to take steps for service of respondents No.1 to 3.
r List on 19.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Dr. Vijay Kapur Vs. State of H.P. & Ors.
CWP No.5159 of 2021.
26.06.2023 Present: Mr. S.P. Chatterji, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3.
Mr. Karun Negi, Advocate, for respondent No.4.
r to Matter is admitted. List as per roster.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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M/s Sun Pharmaceutical Industries Ltd. Versus State of H.P. & Ors.
.
CWP No.6787 of 202126.06.2023 Present: Mr. Pawan K. Sharma, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
r to Matter is admitted. List as per roster.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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M/s Himland Real Estates Pvt. Ltd. Vs. State of H.P. & Ors.
CWP No.2659 of 2022.
26.06.2023 Present: Mr. Shriyek Sharda, Advocate vice Mr. Nitin Thakur, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 3, 5 and 6.
Mr. Amit Singh Chandel, Advocate, for respondent No.4.
Matter is admitted. List as per roster.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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ICICI Lombard Gen. Ins. Com. Ltd. Vs. Sareshta Devi & Ors.
CMP No.7210 of 2023 in .
FAO No.298 of 201526.06.2023 Present: Mr. Jagdish Thakur, Advocate, for the non-
applicant/appellant.
Mr. Mohar Singh, Advocate, for the applicant/respondent No.4.
By means of the present application, which is supported by an affidavit, applicant/respondent No.4 (Smt. Garjo Devi) has prayed for release of the balance compensation amount falling to her share alongwith upto date interest. The main appeal was disposed of on 26.11.2021. It is jointly stated by learned counsel for the parties that the judgment has attained finality. No appeal against the same has been carried out. Learned counsel for the non-applicant/appellant has no objection for release of the amount in terms of the judgment in favour of the applicant/respondent No.4.
Hence, the application is allowed. Accordingly, the balance compensation amount falling to the share of the applicant/respondent No.4, in terms of the judgment, lying deposited in the Registry of this Court, alongwith upto date interest, is ordered to be released in her favour.
The same be remitted in her bank account as per the details furnished in the application.
The application stands disposed of.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Bipan Chand Vs. Amitabh Awasthi & Anr.
COPC No.72 of 2023.
26.06.2023 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sohail Khan, Advocate, for the petitioner.
Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
The respondents have filed the compliance affidavit. Learned Senior Counsel for the petitioner seeks time to go through the same and obtain instructions from the petitioner.
List on 18.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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State of H.P. & Ors. Vs. Mangal Dass & Ors.
RSA No.44 of 2008.
26.06.2023 Present: Mr. Y.P.S. Dhaulta and Mr. Rupinder Singh Thakur, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the appellants.
Ms. Ankita, Advocate vice Ms. Garima Kuthiala, Advocate, for the respondents.
List on 30.06.2023, as prayed for.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Mandir Thor Versus Ramesh Kumar & Ors.
RSA No.56 of 2008 with .
C.O. No.252 of 200826.06.2023 Present: Mr. Bhupinder Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the appellant/non-cross objector.
Mr. Abhay Karan Singh, Advocate vice Kanwar Bhupender Singh, Advocate, for the respondents/ cross objectors.
r to List on 07.08.2023, as prayed for.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Brahmi Devi Vs. Rattan Chand RSA No.85 of 2008 .
26.06.2023 Present: Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the appellant.
Mr. Jeevan Kumar, Advocate, for the respondent.
List on 26.07.2023, as prayed for.
June 26, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Om Prakash (Deceased) through LR Vs. Jagan Nath RSA No.192 of 2008 .
26.06.2023 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the appellant.
Mr. Rohit, Advocate, for the respondent.
List on 31.07.2023, as prayed for.
June 26, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Farook Ahmed (Deceased) through LR Vs. Riaz Ahmed RSA No.241 of 2008 a/w .
Cr. Ob. No.620 of 200826.06.2023 Present: Mr. R.L. Chaudhary, Advocate, for the appellant.
Mr. G.D. Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for respondent No.1. Respondent No.2 stands deleted.
Let the appellant and respondent No.1 to remain present in the Court on the next date of hearing.
r List on 13.07.2023.
Jyotsna Rewal Dua
June 26, 2023 Judge
Mukesh
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Balak Ram Vs. NHAI
OMP(M) No.9 of 2023
.
27.06.2023 Present: Mr. Varun Rana, Advocate, for the applicants/ appellants.
Ms. Shreya Chauhan, Advocate, for the non- applicant/respondent.
List on 07.07.2023, as prayed for.
June 27, 2023
Mukesh
to Jyotsna Rewal Dua
Judge
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Jia Lal Vs. NHAI
OMP(M) No.10 of 2023
.
27.06.2023 Present: Mr. Varun Rana, Advocate, for the applicant/ appellant.
Ms. Shreya Chauhan, Advocate, for the non- applicant/respondent.
List on 07.07.2023, as prayed for.
June 27, 2023
Mukesh
to Jyotsna Rewal Dua
Judge
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Deepak Saini Vs. State of H.P. & Anr.
Ex. Pet. No.34 of 2023.
27.06.2023 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate, for the petitioner.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondent No.1.
Mr. Tara Singh Chauhan, Advocate, for respondent No.2.
Learned counsel for the respondents submit that a Special Leave Petition is pending against the judgment in question before the Hon'ble Apex Court. Learned counsel candidly submit that there is no stay against the implementation of the judgment. Mere pendency of the appeal or application for staying the operation of the judgment will not come in the way of execution of the judgment.
At the request made by learned Additional Advocate General, list the matter on 03.07.2023, to enable him to obtain instructions with respect to compliance of the judgment.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Dinesh Kumar & Anr. Vs. Anjali Mehra & Ors.
Civil Suit No.35 of 2023.
27.06.2023 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the plaintiffs.
Issue notice to the defendants, returnable for 01.08.2023, on taking steps within a week.
List on 01.08.2023.
OMP No.265 of 20232. Heard.
Notice in the aforesaid terms.
3. This civil suit has been instituted for specific performance of agreement to sell dated 17.05.2014 and the amended agreement to sell dated 07.08.2014. Learned Senior Counsel for the applicants/plaintiffs has drawn attention to agreement dated 17.05.2014 and submitted that the agreement was executed, inter-alia, between the plaintiffs and late Smt. Rajkumari Indira (predecessor-in-
interest) of defendants No.1 and 2. The agreement, inter alia, records that "their rights will be subject to final outcome of Civil Suit No.4 of 2007 and Civil Suit No.38 of 2009 (New Case No.7 of 2013) pending in Additional District Judge (II), Mandi, H.P." Attention was further invited to agreement to sell dated 07.08.2014. It was submitted that in terms of para 2 of this agreement, late Smt. Rajkumari Indira has accepted the receipt of ::: Downloaded on - 01/07/2023 20:37:12 :::CIS Rs.3,25,00,000/-, out of total sale consideration amount of .
Rs.4 Crores. In terms of para 5 of this agreement, the parties have agreed that their rights will be subject to final outcome of Civil Suit No.4 of 2007 and Civil Suit No.38 of 2009, pending in the Court of learned Additional District Judge (II), Mandi, H.P.
4. Learned to Senior Counsel applicants/plaintiffs further submitted that the present plaintiffs had moved an application under Order 1 Rule 10 for the of the Code of Civil Procedure (CPC) seeking their impleadment in the civil suit. Their application was eventually dismissed by the learned Single Judge of this Court. Letters Patent Appeals preferred by the present plaintiffs against the judgment passed by the learned Single Judge were withdrawn by them on 09.05.2023 with liberty to avail such remedy as is available to them under law including filing fresh civil suit. It has further been submitted that in the aforesaid background, the applicants/plaintiffs have instituted the instant civil suit.
5. Learned Senior Counsel for the applicants/plaintiffs further submitted that the non-
applicants/contesting defendants No.1 and 2 are indulging in illegal acts and are trying to sell the suit land to third party. In case the non-applicants/defendants No.1 and 2 are not restrained from selling, encumbering or changing ::: Downloaded on - 01/07/2023 20:37:12 :::CIS the nature of the suit land and entering into an agreement .
to sell with third party during the pendency of the suit, the very purpose of filing the suit will be frustrated.
In view of the documents placed on record and the submissions made by learned Senior Counsel for the applicants/plaintiffs, it is ordered that till the next date of hearing, non-applicants/defendants No.1 and restrained from selling, encumbering, changing the nature of the suit land and entering into an agreement to sell the 2 are suit land with third party in any manner, whatsoever.
Compliance of Order 39 Rule 3 CPC be made in accordance with law.
OMP No.266 of 2023The application is disposed of with a direction to the applicants/plaintiffs to file English translation of the documents in issue by the next date of hearing.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Bhagwan Singh Vs. State of H.P. & Anr.
CWP No.3612 of 2022.
27.06.2023 Present: Mr. Raju Ram Rahi, Advocate, for the petitioner.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
List on 12.07.2023, as prayed for.
r to Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Madan Lal Vs. State of H.P. & Ors.
CWP No.4583 of 2022.
27.06.2023 Present: Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
List on 02.08.2023, as prayed for.
r to Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Rajender Kumar & Ors. Vs. State of H.P. & Ors.
alongwith connected matters .
CWP No.4716 of 2021 a/w CWPOA No.5 of 2019 & COPC No.376 of 2021 27.06.2023 Present: Mr. Shrawan Dogra, Senior Advocate with Mr. Mohit Thakur, Mr. Tejasvi Dogra and Mr. Harsh Kalta, Advocates, for the petitioners in all the matters.
Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents-State in all the matters.
At the request of learned Advocate General, list on 06.07.2023.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
June 27, 2023 Judge
Mukesh
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Harsharan Sharma Vs. State of H.P. & Ors.
CWP No.2360 of 2017.
27.06.2023 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Ajay Thakur, Advocate, for the petitioner. Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 to 4 and 6.
None for respondent No.5.
List on 19.07.2023, as prayed for.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Banarsi Dass Vs. State of H.P. & Ors.
CWP No.2551 of 2017.
27.06.2023 Present: Mr. Subhash Sharma, Advocate, for the petitioner.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr. Ajay Sharma, Senior Advocate with Mr. Ajay Thakur, Advocate, for respondent No.3.
List on 10.07.2023, as prayed for.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Brij Lal & Ors. Vs. State of H.P. & Ors.
CWP No.2660 of 2017.
27.06.2023 Present: Ms. Shikha Chauhan, Advocate, for the petitioners.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr. Sunil Mohan Goel, Advocate, for respondents No.3 and 4.
List on 07.08.2023, as prayed for.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Shanta Jandev Vs. HPSAMB & Anr.
CWP No.1881 of 2018.
27.06.2023 Present: Mr. Sanjay Bhardwaj, Advocate, for the petitioner.
Mr. Inderjeet Singh Narwal, Advocate, for the respondents.
List on 18.07.2023, as prayed for.
June 27, 2023
Mukesh
r to Jyotsna Rewal Dua
Judge
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Sita Ram Kalta Vs. State of H.P. & Ors.
CWPOA No.2036 of 2019.
27.06.2023 Present: Mr. Prem P. Chauhan, Advocate, for the petitioner.
Mr. Rupinder Singh and Mr. Varun Chandel, Additional Advocates General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
List on 01.08.2023, as prayed for.
Jyotsna Rewal Dua
June 27, 2023 Judge
Mukesh
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Senior Manager, HPTDC & Anr. Vs. Gulab Singh & Anr.
CWP No.2851 of 2019.
27.06.2023 Present: Mr. Shivank S. Panta, Advocate, for the petitioners.
Mr. Mohar Singh, Advocate, for respondent No.1.
The matter is admitted. Parties may complete the pleadings. List as per roster.
June 27, 2023
r to Jyotsna Rewal Dua
Judge
Mukesh
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Snowflake Education Society & Anr. Vs. Raman Khanna Civil Revision No.96 of 2023 .
28.06.2023 Present: Mr. Anuj Gupta, Advocate, for the petitioners.
Mr. Sumit Sood, Advocate, for the respondent.
Caveat Pet. No.167 of 2023Allowed and disposed of.
C.R. No.96 of 2023 & CMP No.7817 of 2023 Notice. Mr. Sumit Sood, learned counsel, appears and waives service of notice on behalf of the respondent.
Reply to the application be filed within three weeks.
Learned counsel for the respondent submits that the respondent shall not execute the impugned orders passed by the learned Courts below till the next date of hearing.
List on 25.07.2023.
Records of both the learned Courts below be requisitioned.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Jai Chand & Anr. Vs. HRTC and Ors.
FAO No.419 of 2014.
28.06.2023 Present: Mr. M.S. Katoch, Advocate, for the appellants.
Mr. Janmajai Chauhan, Advocate vice Mr. Sunil Mohan Goel, Advocate, for respondent No.2.
Mr. Dibender Ghosh and Mr. Ashwani Kumar Negi, Advocates, for respondents No.3 and 4.
CMP No.6738 of 2023No case for early hearing is made out. The application is accordingly dismissed.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Krishan Vaidya Vs. UOI & Ors. a/w connected matter CWPOA No.4880 of 2019 a/w .
CWPOA No.4850 of 201928.06.2023 Present: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the petitioner(s) in both the matters. Mr. Nand Lal Thakur, Senior Panel Counsel, for respondents No.1 and 2.
Mr. Varun Chandel, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for respondent No.3.
Final opportunity of three weeks is granted to the respondents to file reply to the writ petitions.
List on 21.07.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Prithi Chand Vs. State of H.P. & Ors.
CWP No.983 of 2021.
28.06.2023 Present: Mr. Tek Chand, Advocate, for the petitioner.
Mr. Varun Chandel, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Learned Additional Advocate General states that reply to the petition is being filed in the Registry during the course of the day.
Matter stands already admitted.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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MD Lahoul Potato Growers Vs. Rajan Sharma CWP No.4287 of 2021 .
28.06.2023 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
Mr. A.K. Gupta, Advocate, for the respondent.
Learned counsel for the respondent states that no reply is required to be filed to the writ petition.
Matter stands already admitted. List as per roster.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Ayush Kainth Vs. Kuldeep Kaur Civil Suit No.24 of 2023 .
28.06.2023 Present: Mr. Tara Singh Chauhan, Advocate, for the plaintiff.
Mr. Shriyek Sharda, Advocate, for the defendant.
C.S. No.24 of 2023 & OMP No.171 of 2023 Learned counsel for the defendant seeks two to the application.
r to weeks' more time to file written statement as well as reply List on 18.07.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Pawan Kumar Verma & Anr. Vs. State of H.P. & Anr.
Ex. Pet. No.70 of 2023.
28.06.2023 Present: Mr. Sanjeev Kumar, Advocate vice Mr. Vikas Rajput, Advocate, for the petitioners. Mr. Varun Chandel, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Notice. Mr. Varun Chandel, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Reply/compliance affidavit be filed before the next date of hearing.
List on 19.07.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Sanjogita Rani Vs. State of H.P. & Anr.
Ex. Pet. No.73 of 2023.
28.06.2023 Present: Mr. Sanjeev Kumar, Advocate vice Mr. Vikas Rajput, Advocate, for the petitioner. Mr. Varun Chandel, Additional Advocate General with Mr. Sumit Sharma, Deputy Advocate General, for the respondents.
Notice. Mr. Varun Chandel, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Reply/compliance affidavit be filed before the next date of hearing.
List on 19.07.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Suraksha Puri Vs. Rajesh Kumar & Ors.
RSA No.24 of 2009.
28.06.2023 Present: Mr. Rohit, Advocate, for the appellant.
Mr. Ajay Kumar Sharma, Advocate, for respondent No.1.
Respondent No.2 stands deleted. None for respondents No.3 to 11.
At the request of learned counsel for the parties, list on 08.08.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Pritam Attri Vs. UOI & Anr.
CWP No.387 of 2018
.
28.06.2023 Present: Mr. Rajiv Jiwan, Senior Advocate with Mr. Mohan
Sharma, Advocate, for the petitioner. Mr. Nand Lal Thakur, Senior Panel Counsel, for respondent No.1.
Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for respondent No.2.
Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Ankita, Advocate, for the intervener.
Heard for some time. List for continuation on 03.07.2023.
Jyotsna Rewal Dua
June 28, 2023 Judge
Mukesh
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Nikka Ram & Ors Vs. State of H.P& Ors and connected CWP No. 174 and 175 of 2018 .
30.06.2023 Present: Ms. Chetna Thakur, Advocate, for the petitioner.
Mr. Varun Chandel, Additional Advocate General, for respondents No. 1 and 2-State.
Ms. Manisha, Advocate, vice Mr. Prashant Chaudhary, Advocate, for respondents No. 3 to 8 List on 03.07.2023, as prayed for.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Seema Thakur Vs. The Head Master, Bishop Cotton School, Shimla .
CWP No. 7676 of 202130.06.2023 Present: Mr. Rajesh Chauhan, Advocate, for the petitioner.
Mr. Rahul Mahajan, Advocate, for the respondent Learned counsel for the petitioner states that matter has been appeared after many years. Therefore, he seeks an adjournment on that ground.
List on 27.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Ranjana Devi Vs. State of H.P & ors CWP No. 252 of 2017 .
30.06.2023 Present: None for the petitioners.
Mr. Varun Chandel, Additional Advocate General, for respondents-State.
List on 13.07.2023.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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Nirmal Chander Negi Vs. Harmit Singh and Ors.
Civil Revision No. 91 of 2015.
30.06.2023 Present: Mr. Nitin Thakur, Advocate, for the petitioner.
Mr. Ajay Sharma, Advocate, for respondent No.1.
On the request of learned counsel for the petitioner, list on 26.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Kashyapi Dass Vs. Bismanchali RSA No. 184 of 2010 .
30.06.2023 Present: Mr. Janesh Gupta, Sr. Advocate, with Mr. Vedant Ranta, Advocate, for the appellant. Mr. Atul Jhingan, Advocate, for respondent No.1.
List on 07.08.2023, as prayed for.
June 30, 2023
Gaurav
to Jyotsna Rewal Dua
Judge
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Sandhya Devi Vs. Sanjeev Kumar Singh RSA No. 616 of 2009 .
30.06.2023 Present: Mr. Ajay Thakur, Advocate, for the appellant.
Ms. Rinki Kashmiri, Advocate, for the respondent.
Learned counsel for the appellant seeks further time to file fresh Power of Attorney.
List on 02.08.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Tula Ram Jain Vs. Onkar Chand and Anr.
RSA No. 615 of 2009.
30.06.2023 Present: None for the appellant.
None for respondent No.1.
Mr. Varun Chandel, Additional Advocate General, for respondent No.2.
List the matter on 03.08.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Rasam Chand Vs. Veera Devi and ors.
RSA No. 399 of 2009.
30.06.2023 Present: Mr. Manohar Lal Sharma, Advocate, for the appellant.
Mr. Devi Singh, Advocate, for the respondents.
List the matter on 03.08.2023, as prayed for.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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Pratap Chand Vs. Chamel Singh
RSA No. 390 of 2009
.
30.06.2023 Present: Mr. Sunil Mohan Goel, Advocate, for the
appellant.
Mr. Praveen Chandel, Advocate, vice counsel for respondent No.1.
Learned counsel for the parties states that the matter has come up after long time, hence, they seek time to verify the status of the parties and to prepare the brief.
As prayed for, list on 11.08.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Krishan Kumar and anr Vs. Sunita Kumari RSA No. 376 of 2019 .
30.06.2023 Present: Mr. Sumit Sharma, Advocate, for the appellants.
None for the respondent.
List the matter on 10.08.2023, as prayed for.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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Tirth Ram Vs. Mehar Chand
RSA No. 181 of 2009 a/w
.
RSA No. 184 of 2009
30.06.2023 Present: Mr. Ajay Kumar Sharma, Advocate, for the
appellant(s) in both appeals.
Mr. B.S.Thakur with Ms. Heena Chauhan, Advocate, for the respondents, in both the appeals.
As prayed for, list for continuation on 11.07.2023.
r to
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Ram Kali Vs. State of H.P
CWP No. 7676 of 2021
.
30.06.2023 Present: Mr. Bhuvnesh Sharma, Sr. Advocate, with Ms.
Shivali Lakhanpal, Advocate, for the petitioner. Mr. Rupinder Singh Thakur, Additional Advocate General, for respondents-State.
Matter is admitted.
List as per roster.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Atamjit Singh Vs. M.C. Soloan RSA No. 166 of 2009 .
30.06.2023 Present: Ms. Anita, Advocate vice Ms. Anu Tuli, Advocate for the appellant.
Mr. Karun Negi, Advocate, for the respondent.
At the request of learned counsel for the parties, list on 20.07.2023.
June 30, 2023
to Jyotsna Rewal Dua
Judge
Gaurav
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Vidya Sagar Vs. Rameshwar Chand RSA No. 45 of 2009 a/w Cross objection .
No. 351 of 200930.06.2023 Present: Mr. Karan Shamra, Advocate, for the appellant.
Mr. Ajay Thakur, Advocate, for the respondent.
List the matter on 04.07.2023, as prayed for.
June 30, 2023
Gaurav
r to Jyotsna Rewal Dua
Judge
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RSA No. 525 of 2008
.
30.06.2023 Present: None for the parties.
List the matter on 04.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Krishan Kumar & Ors Vs. Med Ram & Ors.
RSA No. 607 of 2008.
30.06.2023 Present: Ms. Anuja Mehta, Advocate vice r. Arvind Sharma, Advocate, for the appellants Mr. Surender Verma, Advocate, for the respondents.
Learned counsel for the respondent submits that appellants No. 3,17,18,22,23 and 26 have died. Learned counsel for the appellant seeks time to obtain instructions qua consequential steps in that regard.
As prayed for, list on 19.07.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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Pushpa Devi Vs. State of H.P and ors.
CWP No. 157 of 2017
.
30.06.2023 Present: Mr. Sunil Mohan Goel, Advocate, for the
appellant.
Mr. Praveen Chandel, Advocate, vice counsel for respondent No.1.
Learned counsel for the parties states that the matter has come up after long time, hence, they seek time to verify the status of the parties and to prepare the brief.
As prayed for, list on 11.08.2023.
Jyotsna Rewal Dua
June 30, 2023 Judge
Gaurav
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.
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