Himachal Pradesh High Court
Jaswant Singh vs State Of Hp And Another on 24 April, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
LPA No. 505 of 2011.
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02.04.2018. Present: Mr. M.R. Verma, Advocate, for the appellant.
Mr. Arush Matlotia, Advocate, for the respondent.
List on 3rd April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
April 02, 2018.
(cm)
to (Ajay Mohan Goel)
Judge.
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CWP No. 548 of 2018.
02.04.2018. Present: Mr. Shrawan Dogra, Sr. Advocate with Ms. Nishi
.
Goel, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals, for the respondents/State.
CWP No. 548/2018 & CMP No.2163/2018.
Response be positive ly filed within a period of two weeks. Rejoinder within one week thereafter.
r List on 3rd April, 2018.
Prima facie, we are of the considered view that service rendered by the petitioner for the period 10.3.2014 to 19.7.2016, on contractual basis as in service GDO, has to be counted for counting the period of service stipulated under Clause 3.1 of the Eligibility and Selection Criteria in respect of in-service GDS(s), as notified in the prospectus -cum-Application Form for counseling and admission for postgraduate Degree (MD/MS) Courses. This period has to be counted alongwith the service, which the petitioner has been rendering w.e.f. 4.11.2016, pursuant to notification dated 3.11.2016 (Page 17). We are fortified to take this view in view of Clause 4 of the Important Instructions contained in the prospectus itself.
Let authenticated copy of this order be supplied to the learned counsel for the petitioner.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 02, 2018. Judge.
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02.04.2018. Present: Mr. B.N. Sharma, Advocate, for the petitioners.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate Gener al with Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals, for the respondents/State.
CWP No. 627/2018 & CMP No.2426/2018.
Response be positively filed within a period of two weeks. Rejoinder within one week thereafter.
r List on 1s t May, 2018.
In our considered view, no case for granting interim relief is made out by the present petitioner, as the challenge is laid to the notification issued way-back in the year 2014.
(Sanjay Karol) Acting Chief Justic e.
(Ajay Mohan Goel) April 02, 2018. Judge.
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03.04.2018. Present: Mr. Anup Rattan, Advocate, as Amicus Curiae.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Neel Kamal Sharma, Advocate, for respondent No.2.
List on 9th April, 2018, on the request of learned r to counsel for respondent No.2.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 03, 2018. Judge.
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03.04.2018. Present: Mr. Vinod Chauhan, Advocate, as Amicus Curiae.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Adarsh Sharma, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Tara Singh Chauhan, Advocate, for respondent No.5.
Let fresh status report be filed by the Himachal Pradesh State Pollution Control Board-respondent No.5 with regard to Solid Waste Management Plants, which are proposed to be established in the State of Himachal Pradesh so also the status qua clusters, which are proposed to be identified.
2. We have already expressed our concern with regard to such of those areas, which do not fall within the territorial limits of Municipal Corporations/ Municipal Councils and Nagar Panchayats.
3. At this point in time, in these areas, which do not fall within the purview of the Solid Waste Management Rules, 2016, as we are made to understand there is no proposal in place for collection and disposal of solid waste generated:
(a) By the local residents;
(b) By the floating populace; and
(c) By the tourists, who have now started exploring remote and virgin areas of the State of Himachal Pradesh.
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4. Let the Chief Secretary, Government of Himachal .
Pradesh convene a meeting in this regard and affidavit filed by the Secretary, Rural Development and Panchayati Raj, Government of Himachal Pradesh with regard thereto, within two weeks from today.
List on 23rd April, 2018.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
April 03, 2018. Judge.
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CWP No. 564 of 2018.
04.04.2018. Present: Mr. Shrawan Dogra, Senior Advocate with Ms. Nishi
.
Goel, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
We expect the respondents to connect the water supply line to the house of the petitioner within a period of one r Dasti copy. to week. List on 18th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Mr. Avinash Jaryal, Advocate, for the petitioner.
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Mr. Anshul Bansal, Advocate, for the respondents.
Reply is stated to have been filed in the Registry, though not on record. Learned counsel to follow-up with the Registry. Rejoinder, as prayed for, be filed within four weeks.
Registry is directed to reflect the name of Mr. Anshul henceforth.
r to Bansal, Advocate, for the respondents, in the cause list (Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Ms. Srishti Verma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Rajesh Sharma, Assistant Solicitor General of India, for respondent No.2.
Mr. T.S. Chauhan, Advocate, for respondent No.5.
We are of the considered view that Ms. Srishti Verma, Advocate, who is assisting in this matter, can contribute a lot in sensitizing and making officials and officers of the H.P. State Pollution Control Board aware of the use of science and technology. As such, we direct the Secretary, H.P. State Pollution Control Board to interact with her.
Mr. T.S. Chauhan, Advocate, states that the Secretary, H.P. State Pollution Control Board, shall meet the learned counsel on 5th April, 2018.
List on 11th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. .
Charu Bhatnagar, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Learned Advocate General to ascertain as to whether there is likely to be change in the policy adopted r to hitherto before. List on 18th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Ms. Vandana Mishra, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Report in sealed cover received. Opened and re-sealed.
The Superintendent of Police, Kullu, District Kullu, H.P. shall remain present alongwith the officer, who had conducted the inquiry in relation to the death of foreign national, namely, Bruno Mushalik.
List on 11th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Mr. Devan Khann, Advocate, as Amicus Curiae.
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Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. T.S. Chauhan, Advocate, for respondent No.3. Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondents No. 7 and 11. Mr. Aman Sood, Advocate, for respondent No.8.
r to List on 11th April, 2018, for compliance of previous order.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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04.04.2018. Present: Mr. Devan Khanna, Advocate, as Amicus Curiae.
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Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Raman Jamalta, Advocate, for respondent No.3. Mr. Hamender chandel, Advocate, for respondent No.18.
Let the Chief Secretary, Government of Himachal Pradesh and the Managing Director of Himachal Road Transport Corporation remain present in Court on 11th April, 2018.
List on 11th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 04, 2018. Judge.
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06.04.2018. Present: Mr. Vinay Kuthiala, Sr. Advocate with Ms. Vandana Kuthiala, Advocate, for the petitioner(s).
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for the Union of India. Mr. T.S. Chauhan, Advocate, for HPSEB.
List on 8th May, 2018, as prayed for by the learned counsel for the parties.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 06, 2018. Judge.
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06.04.2018. Present: Mr. Kulwant Singh Katoch, Advocate, for the .
petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
List on 7th April, 2018, as prayed for by the learned counsel for the parties.
r to (Sanjay Karol)
Acting Chief Justice.
(Ajay Mohan Goel)
April 06, 2018. Judge.
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CWP No. 165 of 2018.
06.04.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Vinod Thakur, Advocate, for respondent No.3.
List on 7th April, 2018. Till then interim order to continue.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 06, 2018. Judge.
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06.04.2018. Present: Ms. Aruna Chauhan, Advocate, as Amicus Curiae.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Hamender Chandel, Advocate, for respondent No.3.
Report of the learned Amicus Curiae is taken on record.
r to Shri N.S. Tanwar, resident of Dev Lodge Chowk, Tutikandi, Shimla, HP is impleaded as party respondent No. 4 in the array of the respondents. Registry to carryout necessary correction in the memo of parties.
Let notice be issued to the newly arrayed respondent returnable for 17 th April, 2018. Service be effected through the Station House Officer, Boileauganj, Shimla. It be mentioned in the notice that the said respondent shall remain present in Court on next date of hearing.
List on 17th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 06, 2018. Judge.
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06.04.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate, with Ms. .
Abhilasha Kaundal, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Admit.
Issue post admission notice. Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
List on 7th April, 2018, before the learned Single Judge, who has passed judgment in CWP No. 3250 of 2015 titled as Jaswant Singh versus State of HP and another.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 06, 2018. Judge.
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06.04.2018. Present: Mr. Ankush Dass Sood, Sr. Advocate, as Amicus .
Curiae with Mr. Arjun Lal, Advocate.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Ms. Nishi Goel, Advocate, for respondents No. 5 to 9. r Let Engineer Liaison Officer of the Ministry of Road and Transport, Government of India remain present in Court alongwith record pertaining to all seven roads on 9th April, 2018. List on 9th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 06, 2018. Judge.
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07.04.2018. Present: Mr. Ankush Dass Sood, Sr. Advocate, as Amicus .
Curiae with Mr. Arjun Lal, Advocate.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Ms. Nishi Goel, Advocate, for respondents No. 5 to 9. r Let Engineer Liaison Officer of the Ministry of Road and Transport, Government of India remain present in Court alongwith record pertaining to all seven roads on 9th April, 2018. List on 9th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 07, 2018. Judge.
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09.04.2018. Present: Petitioner in person.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
None for respondent No.4.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondents No. 5 and 6.
Indulgently, as prayed for by the writ petitioner, who r to is appearing in person, we adjourn the matter by four weeks.
List on 14th May, 2018, as prayed for by the petitioner.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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09.04.2018. Present: Petitioner in person.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Jyotirmaya Bhatt, Advocate, for respondent No.5.
Indulgently, as prayed for by the writ petitioner, who is appearing in person, we adjourn the matter by four weeks.
r List on 14th May, 2018, as prayed for by the petitioner.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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09.04.2018. Present: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, .
Advocate, for the appellant(s).
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondent No.1. Mr. R.L. Sood, Sr. Advocate with Mr. Arjun Lal, Advocate, for respondents No. 2 to 4 and LRs No. 5
(a) to 5 (f).
Mr. G.D. Verma, learned Senior Advocate has completed his submissions. On the request of Mr. Arjun Lal, Advocate, list for continuation on 16th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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09.04.2018. Present: Mr. R.L. Sood, Sr. Advocate with Mr. Arjun Lal, .
Advocate, for the petitioner(s).
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Hola Mela-a religious fair-traditionally is being organized by the District Administration, District Una, HP in village Mairi Tehsil Amb, District Una, HP.
2. It is the petitioners' grievance that the collection of money, by whatever name, be it pilgrimage tax or sanitation fee, both from the general public as also from Dera Baba Badbhag Singh, is not in consonance with law. Also and in any event, there is no proper accounting thereof. It is in this backdrop, petitioners, who are directly affected, lay challenge to the same.
3. Before we take any decision in the matter, without prejudice to the respective rights and contentions of the parties, raised in the present petitions, we only think it prudent that the matter be first examined by the functionaries of the State, for which purpose, the petitioners and such functionaries can sit together and work out an arrangement with regard to the collections, use and proper accounting of such funds.
4. Since the issue is of significance and importance, considering the fact that in Himachal Pradesh Melas/fairs are ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP -2- being organized at different levels and places, throughout the .
year and money is being collected from the general public/private persons, we are of the considered view that a meeting be got convened at the level of the Chief Secretary, Government of Himachal Pradesh.
5. Let needful be done within a period of four weeks.
Affidavit of compliance be filed by the Chief Secretary, Government of Himachal Pradesh before the next date.
List on 14th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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09.04.2018. Present: Mr. Ashok Sharma, Advocate General with Mr. Ajay .
Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the petitioner/applicants. Mr. Vishal Mohan, Advocate, for the respondent.
List on 10th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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09.04.2018. Present: None for the appellant.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents.
Despite repeated calls and pass-over, no one has put in appearance on behalf of the appellant. In the interest of justice, matter is adjourned. List on 10th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 09, 2018. Judge.
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10.04.2018. Present: Mr. Shrawan Dogra, Sr. Advocate as Amicus Curiae with Mr. Anup Rattan, Advocate.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. V.B. Verma, Advocate, for respondent No.7.
Mr. Shrawan Dogra, learned Senior Advocate with Mr. Anup Rattan, Advocate, ([email protected] Mob.9418095891), who is present in Court, is appointed as Amicus Curiae to assist the Court. Registry is directed to supply paper-
book, complete in all respects, to learned counsel for the parties.
Learned Advocate General states that administration has already taken appropriate action. In fact, Hon'ble the Chief Minister has visited the spot and is in touch with the family members of the deceased and the injured children.
Mr. Rajesh Sharma, learned Assistant Solicitor General of India states that Union Health Minister has also visited the spot and all possible assistance shall be provided to the injured for medical treatment.
Notice. Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 6 and Mr. V.B. Verma, Advocate, waives the same on behalf of respondent No.7.
Separate notice be issued to respondent No. 8 returnable for 20th April, 2018. Service upon respondent No.8 be effected through respondent No.6.
List on 20th April, 2017.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 10, 2018. Judge.
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10.04.2018. Present: Mr. Dilip Sharma, Sr. Advocate with Ms. Nishi Goel, Advocate, for the petitioner.
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Mr. Prashant Sharma, Advocate, for respondents No. 1 and 2.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.3.
Reply be filed within four weeks. Rejoinder with four weeks thereafter. List on 22nd May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 10, 2018. Judge.
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10.04.2018. Present: Court on its own motion.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
List on 24th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 10, 2018. Judge.
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10.04.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha Kaundal, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State. Mr. J.L. Bhardwaj, Advocate, for respondents No. 3, 4,6 & 8 to 15.
Mr. Satyen Vaidya, Sr. Advocate with Mr. Vivek Sharma, Advocate, for respondent No.7.
r to List after eight weeks, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 10, 2018. Judge.
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10.04.2018. Present: Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita .
Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the petitioner/applicants.
Mr. Vishal Mohan Advocate for the respondent.
List on 16th April, 2018, as prayed for by Mr. Ajay Vaidya, learned Senior Additional Advocate General.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 10, 2018. Judge.
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11.04.2018. Present: Mr. T.S. Chauhan, Advocate, as Amicus Curiae.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan .
Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Letter petitioner Shri Kripa Ram and his daughter Smt. Sharda Devi are present in Court.
Issue notice. Mr. Adarsh Sharma, learned Additional Advocate General waives notice on behalf of respondents No. 1 to
4. Separate notice be issued to No. 5, returnable for 26th April, 2018. Service upon the said respondent be effected through respondent No.4 Mr. Tara Singh Chauhan, Advocate, ([email protected]) Mob.9816074056), who is present in Court, is appointed as Amicus Curiae to assist the Court. Registry is directed to supply paper-book, complete in all respects, to learned counsel for the parties.
Learned Amicus Curiae volunteers to visit the spot to ensure that the roof is covered and also an endeavour shall be made with respondent No. 5 to have the matter amicably resolved.
Also learned Amicus Curiae shall ensure that no forcible ejectment takes place, save and except, in accordance with law.
Mr. Adarsh Sharma, learned Additional Advocate General states that the District Administration shall render all possible assistance as and when required by the learned Amicus Curiae. List on 26th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
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11.04.2018. Present: Mr. Pranay Partap Singh, Advocate, for the applicant/appellant.
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Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
CMP No. 2876/2018.
Appellant is a senior citizen and the LPA pertains to the year 2013. As such, the application is allowed and disposed of. List the LPA for hearing in the weekly list commencing 1s t May, 2018.
(Sanjay Karol)
r Acting Chief Justice.
(Sandeep Sharma)
April 11, 2018. Judge.
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CWP No. 565 of 2018.
11.04.2018. Present: Mr. Rajiv Rai, Advocate, for the petitioners.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
CMP No. 2866/2018.
For the reasons so assigned in the application, the same is allowed. Order dated 21.3.2018, is modified to the extent that the figure "`4,00,000/-" be read as "`2,00,000/-." Application stands disposed of. Dasti copy.
(Sanjay Karol)
r Acting Chief Justice.
(Sandeep Sharma)
April 11, 2018. Judge.
(cm)
::: Downloaded on - 25/04/2018 23:00:30 :::HCHP
CMP No. 9474 of 2016
in
Ex. Pet No. 13 of 2014.
.
11.04.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha
Kaundal, Advocate, for the petitioner-applicant. Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Ms. Rita Goswami, learned Additional Advocate General states that she would personally pursue the matter with the Officer concerned, i.e., D.F.O. Pangi at Killar, District Chamba and ascertain the factual position with regard to the amounts/benefits which already stand accorded/disbursed and remaining amounts, if any, which are due and admissible to be paid to the petitioner/applicant. Also, the period within which, the said amount, if any, would be paid.
List on 9th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWP No. 582 of 2018.
11.04.2018. Present: Mr. Sandeep K. Pandey, Advocate, for the petitioners.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Affidavit is taken on record.
Mr. Kukesh Repaswal, S.D.M. Chopal, District Shimla, who is present in Court, states that inquiry was got conducted and the complaint appears to be not correct. Let affidavit be filed within three weeks from today.
Notice be issued to respondents No. 6 to 8, returnable for 10th May, 2018. Service upon the said respondents be effected through Station House Officer (SHO), Nerwa, Tehsil Chopal, District Shimla, HP.
Steps, complete in all respects, be taken within two days. The Officer need not remain present unless so directed by this Court.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWP No. 582 of 2018.
11.04.2018. Present: Mr. Sandeep K. Pandey, Advocate, for the petitioners.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Affidavit is taken on record.
Mr. Kukesh Repaswal, S.D.M. Chopal, District Shimla, who is present in Court, states that inquiry was got conducted and the complaint appears to be not correct. Let affidavit be filed within three weeks from today.
Notice be issued to respondents No. 6 to 8, returnable for 10th May, 2018. Service upon the said respondents be effected through Station House Officer (SHO), Nerwa, Tehsil Chopal, District Shimla, HP.
Steps, complete in all respects, be taken within two days. The Officer need not remain present unless so directed by this Court.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP COPC No. 8 of 2018.
11.04.2018. Present: Mr. Rajinder Thakur, Advocate, for the petitioner.
.
Mr. Pranay Partap Singh, Advocate, for the respondents.
Reply is stated to have been filed in the Registry but the same is not on record. Registry to trace and place the same on record, if in order. Learned counsel to follow-up with the Registry.
Rejoinder, as prayed for, be filed within four weeks. List thereafter.
r to (Sanjay Karol)
Acting Chief Justice.
(Sandeep Sharma)
April 11, 2018. Judge.
(cm)
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COPC No. 7 of 2018.
11.04.2018. Present: Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu
.
Bhatnagar, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
List on 10th May, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
(cm) r ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP COPC No. 6 of 2018.
11.04.2018. Present: Mr. Ramakant sharma, Advocate, for the petitioner.
.
Mr. Rajesh Kumar Sharma, ASGI, for the respondents.
List after four weeks, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 11, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWP No. 2787 of 2017 a/w CWPs No. 1644, 2751, 361 of 2016 and 510 of 2017.
.
12.04.2018. Present: Mr.Ashwani Kaundal, Advocate, for the petitioners in CWP No. 2887 of 2017 and Mr. Ashish Verma, Advocate, for the petitioner (s) in CWPs No. 1644, 2751 and 361 of 2016 and CWP o. 510 of 2017.
Mr. Bhuvnesh Sharma, and Mr. Dibender Ghosh, Advocate, for the petitioners in respective petitions. Mr. C.N. Singh, Advocate, for the respondent/HIMUDA in all the petitions.
Let fresh status report qua recoveries which are yet to be effected from all the allottees be it private or the instrumentalities of the State, be filed within one week.
Reply to the main petition be filed within two weeks.
Rejoinder within two weeks thereafter.
Deposit of amount by the allottees shall be subject to the outcome of the writ petition.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWPIL No. 27 of 2017.
12.04.2018. Present: Mr. B.C. Negi, Sr. Advocate, as Amicus Curiae with Mr. .
P.P. Singh, Advocate.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State. Mr. Rajesh Sharma, ASGI, for respondent No.4.
Mr. Sandeep Sharma, Advocate, for respondents No. 1 and 2.
Ms. Madhurika Verma, Advocate, for the applicant.
We clarify our order dated 16.12.2017 to the extent that it shall also be open for the authorities to inspect the premises for ascertaining as to whether construction raised is within the permissible limits and as per law or not.
Ms. Mudhurika Verma, Advocate, points out that despite the applicants having moved such applications before the authorities, no decision is being taken. We see no reason as to why the authorities should not decide the applications expeditiously and in our considered view should not take more than four weeks to do so.
Mr. Ranjan Sharma, learned Additional Advocate General states that fresh status report shall be filed by the Deputy Commissioner, and Superintendent of Police, Kullu, District Kullu, HP with regard to the operations being carried out, pursuant to our detailed order dated 25.10.2017. Needful be done within three weeks.
List on 30th May, 2018. Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWP No. 2713 of 2017.
12.04.2018. Present: Mr. Bhupender Pathania, Advocate, for the petitioner.
.
Mr. Rajesh Sharma, ASGI, for respondent No.1 Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Reply, as prayed for, be filed within four weeks. Rejoinder within four weeks thereafter. List thereafter.
(Sanjay Karol) Acting Chief Justice.
April 12, 2018.
(cm)
r to (Sandeep Sharma)
Judge.
::: Downloaded on - 25/04/2018 23:00:30 :::HCHP
CWP No. 2212 of 2017.
12.04.2018. Present: Ms.Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu
.
Bhatnagar, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Vipul Sharda, Advocate, for respondent No.4.
Reply, as prayed for be filed within four weeks. Rejoinder within four weeks thereafter.
(Sanjay Karol)
r Acting Chief Justice.
(Sandeep Sharma)
April 12, 2018. Judge.
(cm)
::: Downloaded on - 25/04/2018 23:00:30 :::HCHP
CWP No. 1810 of 2017.
12.04.2018. Present: Mr. B.C. Negi, Sr. Advocate, with Mr. P.P. Singh,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State. Mr. Raman Jamalta, Advocate, for respondent No.2.
List on 3rd May, 2018, as prayed for by Mr. Raman Jamalta, Advocate, for respondent No.2. Registry to reflect the name of Mr. Raman Jamalta, Advocate, for respondent No. 2, in the cause list, henceforth.
(Sanjay Karol)
r Acting Chief Justice.
(Sandeep Sharma)
April 12, 2018. Judge.
(cm)
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CWPIL No. 203 of 2017.
12.04.2018. Present: Mr. Ankush Dass Sood, Sr. Advocate, with Mr. Rakesh
.
Kumar, Advocate.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Ms. Vandana Mishra, Advocate, for respondent No.16.
Let supplementary affidavit be filed by the Member Secretary, H.P. State Legal Services Authority, Shimla, HP.
Principal Secretary (Home), Government of Himachal to file his affidavit stating the steps taken for filling up of the posts of doctors/medical officers and making medical facilities available in the prisons.
Vide our order dated 29.11.2017, we have already expressed our anguish in this regard.
Also, let Principal Secretary (Home), Government of Himachal Pradesh, after ascertaining the views of Director General (Prisons) Government of Himachal Pradesh, examine the shortcomings pointed out in the annexures annexed with the affidavit dated 26.3.2018, that of the Member Secretary, H.P. State Legal Services Authority, Shimla, HP.
List on 26th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWPIL No. 199 of 2017.
12.04.2018. Present: Mr. Ankush Dass Sood, Sr. Advocate, as Amicus Curiae, .
with Mr. Rakesh Kumar, Advocate.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
As prayed for, for compliance of previous order, matter is adjourned by two weeks. List on 3rd May, 2018.
(Sanjay Karol) Acting Chief Justice.
April 12, 2018.
(cm)
r to (Sandeep Sharma)
Judge.
::: Downloaded on - 25/04/2018 23:00:30 :::HCHP
ITA No. 23 of 2017.
12.04.2018. Present: Mr. Rajiv Rai, Advocate, for the appellant.
.
Mr. Vinay Kuthiala, Sr. Advocate with Mr. Diwan Singh Negi, Advocate, for the respondent.
As prayed for, on behalf of the learned counsel for the respondent, matter is adjourned by four weeks.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) r ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CMP(M) No. 144 of 2018.
12.04.2018. Present: Mr.Sanjay Verma, Advocate, vice Mr. P.P. Chauhan, .
Advocate, for the applicant.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Ranjan Sharma, learned Additional Advocate General invites our attention to the decision dated 5th October, 2010, rendered by this Court in LPA No. 206 of 2010, titled as Rajesh Khachi versus State of H.P. and others.
r Learned counsel for the applicant seeks adjournment.
Granted. List after three weeks.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP CWP No. 563 of 2018.
12.04.2018. Present: Mr. Rajiv Rai, Advocate, for the petitioners.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
The matter was passed-over and the parties were given time to explore the possibility of reconciliation.
On our request Ms. Rita Goswami, a trained Mediator (learned Additional Advocate General), had tried to persuade the parties to arrive at an amicable settlement.
Petitioner No. 1 Priya @ Priya Soni and petitioner No.2 Sandeep Kumar are present in Court. So also Smt. Shakuntla Devi wife of late Shri Vijay Kumar, resident of village Makri Post office Makri, Tehsil Shri Naina Devi Ji, District Bilaspur, HP is present in Court.
Also, respondent No. 8, namely Ramesh Chand father of petitioner No.1 Priya @ Priya Soni is present alongwith respondent No. 5, namely Rinku Ram, respondent No. 6, namely Vijay Kumar and respondent No. 7, namely Rakesh Soni.
Respondents have been apprised of their right of seeking assistance of a legal aid Counsel as also having the matter pursued through a counsel of their choice. Mr. Surender Sharma, Advocate, who is present in the Court, is appointed as Legal Aid Counsel to represent all the private respondents. He shall be entitled to fee, as per Rules.
Thankfully, with the intervention of Ms. Rita Goswami, a trained Mediator (learned Additional Advocate General), petitioner No. 1 Ms. Priya @ Priya Soni has agreed to go back to her parental house and respondents, who are present in Court in ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP -2- person through their counsel assure that she shall be treated .
respectfully, not be harassed and there shall not be any threat to her life.
Mr. Sandeep Kumar petitioner No. 2 and his mother Shakuntla Devi has agreed for such an arrangement.
Petitioner No. 1 has taken telephone number of Ms. Rita Goswami, a trained Mediator (learned Additional Advocate General) and it shall be open for her to interact with Ms. Rita Goswami, on phone and if found necessary, approach her for seeking any assistance/help.
List on 26th April, 2018, on which date parties, who are present in Court today, shall remain present.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP LPA No. 215 of 2014.
12.04.2018. Present: Mr.K. S. Banyal, Sr. Advocate with Mr. Vijender .
Katoch, Advocate, for the appellant.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Ajay Sharma, Advocate, for respondent No. 3. Mr. S.K. Banyal, Advocate, for respondent No.4.
List on 18th April, 2018, on the request of learned counsel for the parties.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
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12.04.2018. Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Vipul Sharda, Advocate, for the respondent.
Reply, as prayed for, be filed within one week.
Rejoinder thereto within one week thereafter.
List on 26th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 12, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP COPC No. 50 of 2018.
12.04.2018. Present: Mr. Ashok Sharma, Advocate, for the .
petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Respondent(s) to file affidavit disclosing" (a) as to whether the judgment/order dated 19.6.2010, passed in CWP No. 2627/2010, titled as Prithvi Singh versus State of HP and others, has attained finality; (b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Secretary (IPH), Government of Himachal Pradesh shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP -2- by all modes of communication, including phone/mail .
etc. List on 7.6.2018, before the Additional Registrar (Judicial), for compliance of the order and thereafter before the Court on 14.6. 2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma)
April 12, 2018 Judge.
(cm)
::: Downloaded on - 25/04/2018 23:00:30 :::HCHP
COPC No. 49 of 2018.
12.04.2018. Present: Mr. Ashok Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Respondent(s) to file affidavit disclosing" (a) as to whether the judgment/order dated 22.11.2017, passed in CWP No. 2086/2017, titled as Pardeep Kumar versus versus State of HP and others, has attained finality; (b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, SDM Ghumarwin, District Bilaspur, HP shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned ::: Downloaded on - 25/04/2018 23:00:30 :::HCHP -2- by all modes of communication, including phone/mail .
etc. List on 7.6.2018, before the Additional Registrar (Judicial), for compliance of the order and thereafter before the Court on 14.6.2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma)
April 12, 2018 Judge.
(cm)
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CWPIL No. 71 of 2018.
16.04.2018. Present: Mr. Raj Kumar Negi, Advocate, as Amicus
.
Curiae.
Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
List on 27th April, 2018. In the meantime, response be positively filed, failing which, Director General of Police, Prisons & correctional Services, Shimla, shall personally remain present in Court.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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COPC No. 341 of 2017.
16.04.2018. Present: Mr. Prashant Sharma, Advocate, for the
.
petitioners.
Dasti notice be issued to the respondent, returnable for 8th May, 2018. Steps for service, complete in all respects, be positively taken within three days. On taking such steps, dasti notice be handed over to the learned counsel or the petitioner by 19th April, 2018.
r List on 8th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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CWP No. 693 of 2018.
16.04.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rakesh Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
M/s A.S. Enterprises, SCO, 319, Second Floor Sector 40-D, Chandigarh, is impleaded as party respondent No. 7 in the array of respondents. Registry to carryout necessary correction in the memo of parties.
Amended memo of parties be filed within one week.
Notice be issued to the newly arrayed respondent returnable for 20th April, 2018. Service be effected through respondent No.2.
List on 20th April, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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CWP No. 777 of 2018.
16.04.2018. Present: Mr. Arvind Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State. Mr. Suneet Goel, Advocate, for respondent No.4.
CMP No. 3001/2018.
r to Allowed and disposed of.
CWP No. 777/2018 & CMP No.3002/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents No. 1 to 3 and Mr. Suneet Goel, Advocate waives the same on behalf of respondent No.4.
List on 23rd April, 2018. In the meantime, short reply be filed.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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CWP No. 820 of 2018.
16.04.2018. Present: Mr. Nitish Kaith, Advocate, for the petitioners.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Mr. B.C. Negi, Sr. Advocate, with Mr. Pranay Partap Singh, Advocate, for respondent No.2.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CMP No. 3181/2018.
Allowed and disposed of.
CWP No. 820/2018 & CMP No.3182/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents/State and Mr. Pranay Partap Singh, Advocate waives the same on behalf of respondent No.2.
List on 23rd April, 2018. In the meantime, short reply be filed.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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CWP No. 822 of 2018.
16.04.2018. Present: Mr. Mohan Sharma, Advocate, for the petitioners.
Mr. Ashok Sharma, Advocate General, with Mr. .
Ajay Vaidya, Sr. Additional Advocate General, Mr. Ranjan Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CMP No. 3186/2018.
Allowed and disposed of.
CWP No. 822/2018.
Admit.
Learned counsel for the petitioners submits that the encroached land is less than 5 bighas. Reply be positively filed within a period of four weeks. Rejoinder, if any, be filed within four weeks thereafter.
CMP No. 3187/2018.
During the pendency of the petition, parties shall maintain status quo qua impugned orders dated 27.11.2017, passed by the Divisional Commissioner Mandi, District Mandi, HP in Revision Petition No. 309 of 2017, titled as Ghum Singh and others versus State of HP and Revision Petition No. 308 of 2017, titled as Megh Singh versus State of HP. Application stands disposed of. Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 16, 2018 Judge.
(cm)
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LPA No. 122 of 2008 a/w
LPA No. 123 of 2008.
16.04.2018. Present: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma,
.
Advocate, for the appellant(s).
Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondent No.1. Mr. Sanjeev Kumar, Advocate, for respondents No. 2 to 4 and LRs No. 5 (a) to 5 (f).
An adjournment is prayed, for the reason that Mr. 2018, as prayed for.
r to Arjun Lal, Advocate is suffering from fever. List on 17th April, (Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 16, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWP No. 869 of 2017.
17.04.2018. Present: Mr. Vijay Chaudhary, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for respondents No. 1 to 4.
None for respondent No.5.
Mr. Naresh Kaul, Advocate, for respondent No.6. Respondent No. 7 already ex parte.
Respondent No. 4 shall personally remain present in Court alongwith entire record, including ballots and written objections, if any, filed by respondent No.6 Smt. Shalu Devi.
List on 7th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 17, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWP No. 868 of 2017.
17.04.2018. Present: Mr. Vijay Chaudhary, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for respondents No. 1 to 4.
None for respondent No.5.
Mr. Naresh Kaul, Advocate, for respondent No.6. Respondents No. 7 to 11 already ex parte.
Respondent No. 4 shall personally remain present in Court alongwith entire record, including ballots and written objections, if any, filed by respondent No.6 Kuldeep Singh.
List on 7th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 17, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWPIL No. 268 of 2017.
17.04.2018. Present: Mr. Ankush Dass Sood, Sr. Advocate as Amicus .
Curiae with Mr. Arjun Lal, Advocate.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
Ms. Shikha Verma, Advocate, for respondents No. 5 to 9.
On 14.9.2016, Ministry of Road Transport and Highways, Government of India had granted in principle approval for construction of 69 roads in the State of Himachal Pradesh for which Detailed Project Reports (DPRs) were to be prepared and submitted to the Ministry of Road Transport and Highways, Government of India.
2. Noticing that no action was taken by the State, on 1.12.2017, this Court issued notices with respect to 62 roads in relation to which action was to be taken by the National Highway Authority of India/ Ministry of Road Transport and Highways, Government of India / State of Himachal Pradesh.
3. Happily, all the said authorities had taken action for preparing the DPRs. However, with regard to remaining 7 roads, we had specifically not issued any direction hoping that the Agencies involved in the preparation of the DPRs, most of them being Defence Organizations, would take appropriate action. It was only in the month of March, 2018, when we found that no adequate action was taken by the State Agencies, on 13.3.2018, this Court issued certain directions with respect to these 7 roads.
::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -2-4. On 9.4.2018, we had held discussion with Mr. .
Abhilash, Engineer Liaison Officer, Ministry of Road and Transport, Government of India, and were assured that appropriate action for preparation of DPRs shall be taken.
Regretf ully, we find that no proper information is forthcoming qua these roads and more specifically from the National Highways and Infrastructure Development Corporation Ltd.
(NHIDCL).
5. Under these circumstances, we implead the National Highways and Infrastr ucture Development Corporation Ltd.
(NHIDCL), through its Managing Director and Border Road Organization through Director General (Military Operations), as party respondents No. 10 and 11 respectively in the array of respondents. Registry to carryout necessary correction in the memo of parties.
6. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, waives notice on behalf of the newly arrayed respondents.
7. We direct the Managing Director of the National Highways and Infrastructure Development Corporation Ltd.
(NHIDCL), and the Director General (Military Operations) of Border Road Organization to forthwith take appropriate action for ensuring that all the formalities with respect to these 7 roads, be completed at the earliest and the papers reach the office of Ministry of Road Transport and Highways, ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -3- Government of India (MORTH), latest within two weeks from .
today and wherever it is not possible to do so, they shall explain, by way of an affidavit the difficulties/obstacles coming in their way.
List on 7th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 17, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWP No. 839 of 2018.
17.04.2018. Present: Mr. Naresh Kaul, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
List on 18th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
April 17, 2018.
(cm)
r to (Ajay Mohan Goel)
Judge.
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COPC No. 56 of 2018.
17.04.2018. Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
Respondent(s) to file affidavi t disclosing" (a) as to whether the judgment/order dated 17.3.2015, passed in CWP No. 9644/2014, titled as Ravinder Kumar and others versus State of Himachal Pradesh and others, has attained finality; (b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Deputy Director of Higher Education, Kangra at Dharamshala, District Kangra, HP shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -2- by all modes of communication, including phone/mail .
etc. List on 21.5.2018, before the Additional Registrar (Judicial), for compliance of the order and thereafter before the Court on 28.5.2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 17, 2018 Judge.
(cm)
::: Downloaded on - 25/04/2018 23:00:31 :::HCHP
COPC No. 55 of 2018.
17.04.2018. Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
Respondent(s) to file affidavit disclosing" (a) as to whether the judgment/order dated 21.3.2015, passed in CWP No. 1925/2015, titled as Sanjay Kumar and another versus State of Himachal Pradesh and others, has attained finality; (b) as to whether the directions contained therein stand implemented or not. If not so, then reasons thereof; (c) why action against the erring officer(s)/official(s) has yet not been taken; (d) why interest payable on the amount, if any, to be disbursed, be not recovered from the erring officer(s)/official(s).
In any case, we direct that if the directions contained in the order have yet not been implemented, it be positively done before the next date of hearing, failing which, at the first instance, Deputy Director of Higher Education, Kangra at Dharamshala, District Kangra, HP shall personally remain present before the Court on the next date of hearing.
Learned Additional Advocate General assures the Court that if in operation, the order shall positively be implemented before the next date of hearing. He undertakes to communicate the order to all concerned ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -2- by all modes of communication, including phone/mail .
etc. List on 21.5.2018, before the Additional Registrar (Judicial), for compliance of the order and thereafter before the Court on 28.5.2018.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 17, 2018 Judge.
(cm)
::: Downloaded on - 25/04/2018 23:00:31 :::HCHP
COPC No. 325 of 2017.
17.04.2018. Present: Mr. B.S. Chauhan, Sr. Advocate with Mr. Munish
.
Datwalia, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
With the disposal of CWP No. 708 of 2017, titled as Sher Mohammad versus State of HP and others, we see no reason as to why respondents need not to comply with the judgment and decree dated 30.6.2014, passed by this Court in Civil Suit No. 94 of 2011, titled as Pradeep Chauhan versus State of HP and others, on mutually agreed terms.
Let status report with regard to the same be filed within a period of four weeks. List on 15th may, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 17, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP COPC No. 142 of 2017.
17.04.2018. Present: Mr. Dalip Singh Kaith, Advocate, for the petitioners.
.
Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for the respondents.
On 10.7.2017, we had issued notice in the present petition clarifying that if the order is still in operation, the same shall positively be implemented. To this effect, assurance made by the learned Central Government Standing Counsel was accepted and taken on record.
We notice that on 11.1.2018, we had directed that no fictional breaks shall be given to the petitioners.
Today, Mr. Dalip Singh Kaith, learned counsel for the petitioners states that despite the orders passed by this Court on 11.1.2018, respondents are still indulging in giving fictional breaks to the petitioners, thus, aggravating the contempt.
Shri Rajesh Kumar Sharma, learned Assistant solicitor General of India, seeks one week's time to file response to the affidavit, which was not filed despite the opportunities afforded.
Under these circumstances, we direct the Executive Engineer (Civil), Officer Commanding 68 Road Constr. Coy (GREF), who already stands arrayed as respondent No. 2, to remain present in Court on 8th May, 2018, on which date he shall show-cause as to why action initiated against him for having violated the orders of the Court, be not taken to its logical end.
::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -2-Mr. Rajesh Kumar Sharma, learned Assistant Solicitor .
General of India to communicate the order to the said respondent.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
April 17, 2018.
(cm)
r to (Ajay Mohan Goel)
Judge.
::: Downloaded on - 25/04/2018 23:00:31 :::HCHP
Cr. OPC No. 2 of 2017.
17.04.2018. Present: Mr. Neeraj Maniktala, vice counsel for Mr. Rajnish K.
.
Maniktala, Advocate, as Amicus Curiae.
Respondent in person.
List on 14th May, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) April 17, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP COPC No. 325 of 2017.
18.04.2018. Present: Mr. B.S. Chauhan, Sr. Advocate with Mr. Munish .
Datwalia, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma and Ms. Rita Goswami, Additional Advocate Generals for the respondents/State.
With the disposal of CWP No. 708 of 2017, titled as Sher Mohammad versus State of HP and others, we see no reason as to why respondents need not to comply with the judgment and decree dated 30.6.2014, passed by this Court in Civil Suit No. 94 of 2011, titled as Pradeep Chauhan versus State of HP and others, on mutually agreed terms.
Let status report with regard to the same be filed within a period of four weeks. List on 15th may, 2018.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma ) April 18, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP LPA No. 215 of 2014.
18.04.2018. Present: Mr. K. S. Banyal, Sr. Advocate with Mr. Vijender .
Katoch, Advocate, for the appellant.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Ajay Sharma, Advocate, for respondent No. 3. Mr. S.K. Banyal, Advocate, for respondent No.4.
List on 19th April, 2018, on the request of learned counsel for the appellant.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 18, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWP No. 10700 of 2012.
18.04.2018. Present: Mr. Arun Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. B.P. Sharma, learned Senior Advocate, who had been appearing in the matter for the petitioner, is stated to be still not well. As such an adjournment prayed for, which is not opposed, is granted.
r (Sanjay Karol)
Acting Chief Justice.
(Sandeep Sharma)
April 18, 2018. Judge.
(cm)
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CWP No. 192 of 2018.
18.04.2018. Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Maan
.
Singh, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Ms. Rita Goswami and Mr. Adarsh Sharma, Additional Advocate Generals, for the respondents/State.
Mr. Shrawan Dogra, Sr. Advocat with Ms. Nishi Goel, Advocate, for respondents No. 2 and 3.
List on 19th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
r (Sandeep Sharma) April 18, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP Cr.OPC No. 2 of 2018.
Statement of Owais Khan son of Sh. Tahir Khan, .
aged 27 years, resident of Braham Kamal Niwas, Prospect Hills, Upper Chakker, Shimla 171 005.
On oath 19.4.2018.
I tender in evidence my affidavit dated 19.4.2018 which is Ext. P-35. Additionally, I undertake to delete the posts in question, both from my Whatsapp as also Face-Book accounts. I also tender unconditional apology to Ms. Dhara Sarswati, Programme Executive, Doordarshan Kendra, Chaura Maidan, Shimla, whom I consider to be my mother. Further, I clarify the averments made in para 3 of my affidavit that I shall not vi sit the office of Doordarshan Shimla, save and except in connection with the work for which I may be called for.
(Sanjay Karol), Acting Chief Justice.
(Sandeep Sharma), Judge.
RO & AC.
April 19, 2018.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP Cr. OPC No. 2 of 2018.
19.04.2018. Present: Court on its own motion.
.
Respondent Owais Pathan alilas Mr. Owais Khan in person.
Ms. Dhara Sarswati, Programme Executive Doordarshan Kendra, Chaura Maidan, Shimla states that she is a single parent and residing in Shimla with her aged mother.
She apprehends threat from the respondent/contemnor.
Though r the respondent/contemnor has tendered his unconditional apology and undertaken not to indulge in any such acts but nonetheless, it shall be open for Ms. Dhara Swaswati to invite attention of this Court to such of those actions, which she find to be threatening or intimidating. Also, it shall be open for her to approach the police authorities, seeking adequate protection, which we are sure the police authorities shall so provide.
List on 9th May, 2018, when respondent/contemnor shall personally remain present in Court.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma) April 19, 2018. Judge.
(cm) ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP CWP No. 877 of 2018.
19.04.2018. Present: Mr. Virender Chauhan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
CMP No. 3403/2018.
r Allowed and disposed of.
CWP No. 877/2018.
Admit.
Learned counsel for the petitioner submits that the encroached land is less than 5 bighas. Reply be positively filed within a period of four weeks. Rejoinder, if any, be filed within four weeks thereafter.
CMP No. 3404/2018.
During the pendency of the petition, parties shall maintain status quo qua impugned order dated 31.8.2017, passed by the Collector IInd Grade, Deha Tehsil Theog District Shimla in case No. 33/2016 titled as State of HP versus Shri Inder Singh (Annexure P3) and notice issued by the Assistant Collector 2nd Grade Deha Sub-Tehsil Deha District Shimla (Annexure P4).
Application stands disposed of.
Copy dasti.
(Sanjay Karol) Acting Chief Justice.
(Sandeep Sharma)
April 19, 2018 Judge.
(cm)
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CWP No. 2610 of 2017 a/w
CWPIL No. 81 of 2017 .
CWP No. 2610 of 2017.
.
23.04.2018. Present: Mr. Deven Khanna, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
CWPIL No. 81/2017.
Mr. B. C. Negi, Sr. Advocate, as Amicus Curiae, with Mr. P.P. Chauhan, Advocate.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Mr. P.M. Negi, Advocate, for respondents No. 5 to 7.
Affidavit dated 6.1.2018, filed by the Principal Secretary (Home), Government of Himachal Pradesh categorically does not deal with all the directions issued by the Hon'ble apex Court in Dilip K. Basu versus State of West Bengal & others 1997 (1) SCC 416 and Prakash Singh and others versus Union of India and others, (2006) 8 SCC 1.
Only for the purpose of highlighting, as is so admitted, CCTV cameras have not been installed in all the Police Stations within the State of Himachal Pradesh. Also, the statutory bodies are non-functional.
Learned counsel for the petitioner in Civil Writ Petition No. 2610 of 2017, points out that even legislation in place needs to be revisited. On this issue, we do not express any opinion at this stage.
We are persuaded by Mr. Ranjan Sharma, learned Additional Advocate General to adjourn the matter by two weeks to enable him not only go through the decisions; ascertain factual information; pursue the matte r with the appropriate authorities and ::: Downloaded on - 25/04/2018 23:00:31 :::HCHP -2- file affidavit of the Chief Secretary, Government of Himachal .
Pradesh.
List on 14th May, 2018, before which date, the said affidavit be filed.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 23, 2018 Judge.
(cm) r
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CWP No. 647 of 2018.
23.04.2018. Present: Mr. Rajiv Rai, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, Additional Advocate Generals, for the respondent/State.
Ms. Soma Thakur, Advocate, for respondent No.7.
CMPs No. 2519, 3470 & 3481/2018.
Reply to these applications be filed within two weeks.
Rejoinder within one week thereafter.
r List on 21s t May, 2018. Registry to reflect the names of all the learned counsel in the cause list, henceforth.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 23, 2018 Judge.
(cm)
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CWP No. 645 of 2018.
24.04.2018. Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
.
Mr. Sanjeev Bhushan, Sr. Advocate with Ms. Abhilasha Kaundal, Advocate, for the respondent.
CWP No. 645/2018.
Admit.
Issue post admission notice. Ms. Abhilasha Kaundal, Advocate, waives notice on behalf of the respondent. Reply be filed r to within six weeks. Rejoinder within six weeks thereafter.
CMP No.2511/2018.
Implementation of the order shall be subject to outcome of the present writ petition. Application stands disposed of.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 754 of 2018.
24.04.2018. Present: Mr. R.P. Singh, Advocate, for the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Mr. P.D. Nanda, Advocate, for respondents No. 2 and 3.
Response on behalf of respondents No. 2 and 3 is on record. Response on behalf of respondents No. 1 and 4, if so required, be positively filed within two weeks. Rejoinder, if any, within two weeks thereafter.
Fresh steps for service of respondent No. 5 be taken within three days. On taking steps, notice be issued to the said respondent returnable for 28th May, 2018.
List on 28th May,2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 764 of 2018 .
24.04.2018. Present: Mr. Surinder Saklani, Advocate, for the petitioner s.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Neel Kamal Sharma, for respondent No.4.
List on 25th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
r (Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWPIL No. 72 of 2018 .
24.04.2018. Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State.
Learned Advocate General states that in principle, decision has been taken by the Government of Himachal Pradesh for handing over the premises in question, i.e., car parking of the Himachal Pradesh High Court complex, currently in possession of the Municipal Corporation, Shimla, to the High Court of Himachal Pradesh.
We appreciate the efforts put in by the learned Advocate General in pursuing the matter with the State Government in this regard.
Mr. Ranjan Sharma, learned Additional Advocate General states that he shall ascertain the factual position from the Commissioner, M.C. Shimla and apprise the Court of the same on the next date of hearing.
List on 1s t May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWPIL No. 75 of 2018 .
24.04.2018. Present: Court on its own motion.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Mr. Ranjan Sharma, learned Additional Advocate General states that all the respondents shall posi tively be filing their response within a period five days.
r List on 1s t May, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 910 of 2018.
24.04.2018. Present: Mr. Shivank Singh Panta, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, with Mr. .
Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent No.2/State. Mr. B.C. Negi, Sr. Advocate with Mr. Mohinder Thairaick, Advocate, for respondent No.1/Caveator.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.r Caveat Pet. No. 131/2018.
Discharged.
CMP No.3564/2018.
Infructuous.
CWP No. 910/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondent No. 2 and Mr. Mohinder Tharaick, Advocate, waives the same on behalf ofrespondent No.1. Reply be filed within two weeks.
Rejoinder within two weeks thereafter. List on 28th May, 2018.
CMP No.3565/2018Notice in the aforesaid terms. Implementation of the impugned order shall be subject to the outcome of the present writ petition. Dasti copy.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 911 of 2018.
24.04.2018. Present: Mr. Dilip Sharma, Sr. Advocate with Ms. Nishi Goel, Advocate, for
the petitioner.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks.
Such undertaking is accepted and taken on record.
CMP No.3567/2018.
Allowed and disposed of.
CWP No. 910/2018.
rIssue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents/State. Reply be filed within four weeks. Rejoinder within four weeks thereafter.
CMP No.3568/2018Notice in the aforesaid terms. Learned counsel for the petitioner states that the petitioner, as on date, is discharging his duties as Panchayat Sachiv. If that be so, we order that the status quo be maintained by the parties.
Respondents shall categorically deal with the legal question raised by the writ petitioner qua the legality of the action, in view of the judgment delivered by the apex Court in Raksha Devi versus State of HP and others 2010 (2) HIM.L.R. (DB) 964 (Annexure P-9).
CMP NO.3569/2018.
Let legible annexures be filed within four weeks. Application stands disposed of. Dasti copy.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 912 of 2018.
24.04.2018. Present: Mr. Onkar Jairath, Advocate, for the petitioner .
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent/State. Mr. Parmod Negi, Advocate, for respondent No.2.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.r CMP No.3570/2018.
Allowed and disposed of .
CWP No. 912/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondent No. 1 and Mr. Parmod Negi, Advocate, waives the same on behalf of respondent No.2. Reply be filed within four weeks.
Rejoinder within four weeks thereafter.
CMP No.3571/2018Notice in the aforesaid terms. Any action drawn shall be subject to the outcome of the present writ petition.
Dasti copy.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 913 of 2018.
24.04.2018. Present: Mr. Dalip K. Sharma, Advocate, for the petitioner s.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
Learned counsel for the petitioner s undertakes to remove objections raised by the Registry, if any, within a period of two weeks. Such undertaking is accepted and taken on record.
r to CMP No.3572/2018.
Allowed and disposed of.
CWP No. 912/2018 & 3573/2018.
Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
Reply be filed within one week.
Special Area Development Authority, Kufri, Shimla, through its Chairman is impleaded as party respondent No.6.
Registry to carryout necessary correction in the memo of parties. Issue notice to the newly arrayed respondent returnable for 7th May, 2018, on taking steps within two days.
List on 7th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
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CWP No. 914 of 2018.
24.04.2018. Present: Mr. Narender Chauhan, Advocate, for the petitioner s.
.
Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
List on 25th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
April 24, 2018
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r to (Ajay Mohan Goel)
Judge.
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CWP No. 916 of 2018.
24.04.2018. Present: Mr. Adarsh K. Vashishta, Advocate, for the
petitioner .
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Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
List on 25th April, 2018, as prayed for.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 915 of 2018.
24.04.2018. Present: Mr. Debinder Ghosh, Advocate, for the petitioner .
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Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondent No.6/State. Mr. Imran Khan, Advocate, for respondent No.1, 2 and 5.
Learned counsel for the petitioner undertakes to remove objections raised by the Registry, if any, within a on record.
r to period of two weeks. Such undertaking is accepted and taken CMP No.3582/2018.
Allowed and disposed of.
CWP No. 915/2018 & CMP No. 3583/2018.
Issue notice. Mr. Imran Khan, Advocate, waives notice on behalf of respondents No. 1,2 and 5 and Mr. Ranjan Sharma, learned Additional Advocate General waives the same on behalf of the respondent No. 6 Dasti notice be issued to respondents No. 3 and 4 returnable for 8th May, 2018, on taking steps within two days. In the meantime, short reply be filed by the appearing respondents.
List on 8th May, 2018.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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CWP No. 908 of 2018.
24.04.2018. Present: Mr. Y.P. Sood, Advocate, for the petitioner .
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Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, and Ms. Rita Goswami, and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondents/State.
CMP No. 3542/2018.
Allowed and disposed of.
CWP No. 908/2018 & CMP No. 3543/2018.
r Issue notice. Mr. Ranjan Sharma, learned Additional Advocate General waives notice on behalf of the respondents.
Learned counsel for the petitioner stated at the Bar that he is under instructions to submit that his client is ready to surrender the forest land/encroached land, wherein it is more than five bighas, in terms of the proposed Government policy.
His statement is taken on record.
Learned counsel for the petitioner to file affidavit within two weeks furnishing the details as to which portion of land the petitioner is willing to retain and which portion of the land will be surrendered by him. List this petition alongwith CWP No. 1093/2016.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel)
April 24, 2018 Judge.
(cm)
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