Himachal Pradesh High Court
Gaurav Keprate vs State Of Himachal Pradesh on 26 November, 2021
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 26th DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 6584 of 2021
Between:-
GAURAV KEPRATE
S/O SH. SATYA PRAKASH KEPRATE,
AGED ABOUT 42 YEARS,
R/O FLAT NO. 5, SHIVAM REGENCY,
NEAR GAS GODOWN, JWALA MATA ROAD,
BHATTAKUFAR, DISTRICT SHIMLA,
HIMACHAL PRADESH. PERMANENT
RESIDENT OF VPO PURAG, TEHSIL KOTKHAI,
DISTRICT SHIMLA, H.P. ....PETITIONER
(BY MR. BIPIN C. NEGI, SENIOR ADVOCATE
WITH MR. NITIN THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH ITS PRINCIPAL SECRETARY
(URBAN DEVELOPMENT),
TO THE GOVERNMENT OF HIMACHAL PRADESH,
SHIMLA, HIMACHAL PRADESH - 171 002.
2. DIRECTOR,
DEPARTMENT OF TOWN & COUNTRY PLANNING,
SHIMLA, HIMACHAL PRADESH - 171 009.
3. DISTRICT MAGISTRATE SHIMLA,
DISTRICT SHIMLA, HIMACHAL PRADESH.
4. PLANNING OFFICER,
DEPARTMENT OF TOWN & COUNTRY PLANNING,
SHIMLA, HIMACHAL PRADESH - 171 009.
5. BHARAT PETROLEUM CORPORATION LIMITED
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2
THROUGH ITS CHIEF MANAGER,
REGISTERED OFFICE AT BHARAT BHAWAN,
4 & 6 CURRIMBHOY ROAD,
BALLARD ESTATE, MUMBAI - 400 001.
.
6. BHARAT PETROLEUM CORPORATION LIMITED
THROUGH ITS TERRITORY MANAGER (RETAIL)
AMBALA, 1ST FLOOR POL DEPOT,
VILLAGE ALAMGIR P.O. TIWANA,
TEHSIL DERA BASSI, LALRU,
DISTRICT SAS NAGAR, PUNJAB. ....RESPONDENTS
(Mr. Ashok Sharma, Advocate General with
M/s Rajinder Dogra, Sr. Addl.A.G,
Vinod Thakur, Shiv Pal Manhans,
Himanshu Mishra, Addl. AGs and
Mr. Bhupinder Thakur, Dy.AG, for R-Nos. 1 to 4,
MS. VANDANA MISRA, ADVOCATE,
FOR R-No. 5 & 6.)
This petition coming on for admission this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following:
ORDER
The instant writ petition has been filed for grant of the following reliefs:-
"I. Issue a mandamus directing the respondents not to apply order dated 15.02.2021 upon the Petitioner; or/and II. Issue a certiorari to quash and set aside order dated 15.02.2021 issued by Respondent No. 4; or/and ::: Downloaded on - 31/01/2022 23:20:40 :::CIS 3 III. Issue a writ of mandamus directing respondents No. 2 and 4 to issue any NOC if required under Law; and/or .
IV. Impose cost on the Respondent No. 2 and 4 for delaying the installation of essential services by the Petitioner; and/or V. Any further or other order that this Hon'ble Court deems fit and appropriate may kindly be passed in the facts and circumstances narrated herein above in the interest of justice."
2. Mr. Vinod Thakur, learned Additional Advocate General states that all together a new Committee has been constituted not only to look into the grievance of the petitioner but also of the other aggrieved persons and in case the petitioner approaches this Committee along with the requisite documents that may be sought for, then the issue shall be considered and decided in accordance with law.
3. Learned Counsel for the petitioner states that the petitioner shall visit the Committee during the course of the day and supply the requisite documents as required within a week. His statement to this effect is taken on record.
4. In view of the aforesaid, we direct the petitioner to approach this new Committee during the course of the ::: Downloaded on - 31/01/2022 23:20:40 :::CIS 4 day and supply the requisite documents as undertaken within a week from today. In case the petitioner .
approaches the said Committee during the course of the day and supply the necessary documents as undertaken within a week, the Committee shall consider and decide the issue, in accordance with law, within two weeks thereafter.
Petition stands disposed of accordingly. Pending miscellaneous application(s), if any, shall also stand disposed of.
For compliance, to come up on 17th December, 2021.
(Tarlok Singh Chauhan) Judge.
(Satyen Vaidya) Judge.
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