Himachal Pradesh High Court
Sudershan And Others vs Divisional Commissioner on 22 June, 2016
Bench: Mansoor Ahmad Mir, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2065 of 2010.
Decided on: June 22, 2016.
.
Sudershan and others ...Petitioners.
VERSUS
Divisional Commissioner, Shimla and others ...Respondents.
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the petitioners: Mr.Surinder Saklani, Advocate.
of
For the Respondents: Mr.Shrawan Dogra, Advocate
General, with Mr.Romesh Verma
and Mr.Anup Rattan, Addl.A.Gs.
rt and Mr.J.K. Verma, Dy.A.G., for
respondents No.1 and 2.
Mr.Neeraj Gupta, Advocate for
respondent No.3.
Mansoor Ahmad Mir, C.J. (Oral)
By the medium of this writ petition, the petitioners have sought quashment of orders, dated 6th April, 2010 and 20th September, 2007, passed by the Divisional Commissioner, Shimla and the Sub Divisional Collector, Solan, respondents No.1 and 2, respectively, on the grounds taken in the memo of writ petition.
2. Learned counsel for respondent No.3 stated that the Divisional Commissioner, Shimla has passed the order, dated 6th April, 2010 legally. However, it has been stated that since the delay had already been condoned, the Divisional Commissioner was required to hear the appeal on merits and pass the order accordingly. His statement is taken on record.
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3. In view of the above, the writ petition is allowed, the impugned order, dated 6th April, 2010, passed by the Divisional .
Commissioner, Shimla is quashed and set aside and the parties are relegated to the Divisional Commissioner, Shimla, who shall pass the order afresh after hearing the parties. Parties, through their counsel, are directed to appear before the Divisional Commissioner on 11th of July, 2016. The respondents are at liberty to raise all legal objections available to them before the Divisional Commissioner.
4. rt The writ petition is disposed of accordingly, so also the pending CMPs, if any.
(Mansoor Ahmad Mir) Chief Justice.
22nd June, 2016. (Sandeep Sharma)
(Tilak) Judge
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