Himachal Pradesh High Court
K.S. Tomar vs . State Of H.P. & Another on 19 April, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
K.S. Tomar Vs. State of H.P. & another CWP No. 1331 of 2020 .
19.4.2022 Present: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Learned Additional Advocate General has placed on record instructions dated 18.4.2022, relevant portion whereof reads as under:
"I am directed to refer to your letter No. CWP 1331/2020/12590, dated 01042022 on the subject cited above vide which it has been intimated that the case CWP No. 1331/2020 titled as "K.S. Tomar versus State of H.P. & others" was listed before the Hon'ble High Court on 29.03.2022 when the Hon'ble High Court has passed the following orders:
"List on 19.4.2022. In the meanwhile, the respondents to obtain latest instructions.
It is made clear that pendency of SLP, as was sought to be relied upon, on account of which decision in the instant case is held up, has nothing to do with the issue, as the dispute in SLP relates to retired Government servants. Whereas, in the instant case, the dispute is regarding the person who held the public post/post under the Government for the first time as Chairman of Public Service Commission."
2. The attention is invited to the previous instructions dated 05.11.2020 & 17.12.2020, copies are enclosed as Annexure1 & AnnexureII. In this regard, it is submitted that after these ::: Downloaded on - 20/04/2022 20:06:19 :::CIS instructions, the opinion of Law Department was received on 27.10.2021, which is enclosed as AnnexureIII. However, in view of the Hon'ble High Court's observations made in the last hearing .
dated 29.03.2022, it has been decided by the competent authority that the matter will be deliberated in the Cabinet and this matter is being placed before the Council of Ministers for deliberation and appropriate orders. Accordingly, it is requested that the Hon'ble High Court may kindly be apprised of the above factual position on the next date of hearing."
2. Now that the respondents themselves have decided to place the case of the petitioner before the Council of Ministers for deliberation and appropriate orders, we deem it proper to adjourn the hearing of this case by four weeks.
3. List on 17.5.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Smt. Suraksha Ranta Vs. State of H.P. CWPOA No. 7985 of 2019 19.4.2022 Present: Mr. Ravi Tanta, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
The sole petitioner is stated to have died.
Let consequential steps for bringing on record her legal representatives be taken within six weeks. List on 21.6.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Hem Raj Pathania Vs. Stat of H.P. and others CWP No. 2978 of 2019 19.4.2022 Present: Mr. Sanjay Singh Chauhan, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Fresh status report is stated to have been filed. However, the same is not on record. Let the same be traced and placed on record. List on 26.4.2022.
In the meanwhile, the Divisional Commissioner, Mandi, to whom the case has been forwarded, shall consider the grant of requisite permission, as envisaged under Section 85 of the Himachal Pradesh Land Revenue Act, 1954.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Ashwani Kumar Vs. State of H.P. & ors CWP No. 4260 of 2020 19.4.2022 Present: Mr. Ramakant Sharma, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Mr. Anil K. God, Advocate, for respondent No. 3.
Despite repeated opportunities, the respondents have failed to file reply since 7.10.2020.
However, as a matter of sheer indulgence and by way of last opportunity, respondents are granted three weeks' further time to file reply, failing which right to file the reply shall be deemed to have been closed by the order of the Court.
List on 17.5.2022.
CMP No. 11510 of 2020Notice. Mr. Vinod Thakur, learned Addl.
A.G. and Mr. Anil K. God, Advocate appear and waive service of notice on behalf of respective non applicants. They pray for and are granted four weeks' time to file reply.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS HPSID Corp. Ltd. Vs. D.C. Shimla & ors CWP No. 1658 of 2020 19.4.2022 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Mr. Harish Sharma, Advocate, for respondent No. 5.
After arguing for sometime, learned counsel for the petitioner prays for an adjournment.
Prayer allowed. List on 26.4.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Tek Chand Dhiman Vs. State of H.P. & others CWP No. 2004/2019, CWPOA No. 8243 of 2019, 3472/2019, 7052 of 2019, 7900/2019, CWP No. 4657/2020, CWPOA No. .
42 of 2020, 140 of 2020, 143 of 2020 3938, 4618, 6793, 7283 of 2020, CWP No. 1434 of 2021, CWP Nos 1456, 3812, 4238, 4289, 4742, 4745, 4897, 8113 of 2021, CWPOAs No. 2244 of 2019 19.4.2022 Present: Mr. Surinder Kumar Sharma, Mr. Surinder Saklani, Mr. Ashok Kumar, Mr. H.S. Rangra, Mr. Prakash Sharma, Mr. Rakesh Kumar Dogra, Mr. Rajneesh K. Lal, Mr. Peeyush Verma, Mr. Vishwa Bhushan and Mr. Y.P.S. Dhaulta, Advocates for the respective petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Mr. Rangil Singh, Advocate for respondent No. 5 in CWPOA No. 3812 of 2021.
List on 26.4.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Rajeev Mankotia & ors Vs. State of H.P. & others LPA No. 20 of 2020 19.4.2022 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the .
appellants.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Mr. Vikrant Thakur, Advocate, for respondent No. 2.
Mr. B.C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate, for respondent No. 4.
List on 26.4.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS The Executive Director (Personnel) HPSEBL Vs. M/s Virgo Aluminium Ltd.
LPA No. 15 of 201919.4.2022 Present: Mr. T.S. Chauhan, Advocate, for the .
appellants.
Mr. O.C. Sharma, Advocate, for the respondent.
Learned counsel for the appellants prays for and is granted four weeks' time to place on record the additional documents.
List on 24.5.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Jeewan Singh Vs. State of H.P. & others CWP No. 730 of 2021 a/w CWP Nos 1978, 1957 and 1434 of 2021 .
19.4.2022 Present: Mr. Surinder Kumar Sharma, Advocate, for the petitioner(s).
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
List on 26.4.2022 alongwith CWP Nos.
5417 of 2020 and 5660 of 2020.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS S.S. Chaudhary Vs. State of H.P. and others CWPOA No. 3145/2019 a/w CWP Nos 2360 of 2019, 3413/2019, CWPOA No. 93 of 2019, CWPOA No. 124 of 2019, 8045 of 2019, CWP Nos 1367, 2420, 3198, 3570,3571, 4820 and 4886 of 2020, .
CWPOA Nos 25, 136, 2085, 4486, 4778, 4806, 5316, 5459, 5461, 5660, 5974, 6005, 6031, 6231, 7450, 7457, 7532, 7537, 7594 of 2020, CWP Nos 1330, 1351, 2276, 2245, 3403, 3687, 4506, 5063, 5644, 6487, 6573, 6586, 6794, 7147, 7259, and COPCT No. 33 of 2021.
19.4.2022 Present: M/s Subhash Sharma, Ashok Kumar, Vijay Bir Singh, S.P.Chatterjee, A.K. Gupta, Jagat Pal, Ramakant Sharma, Mandeep Chandel, V.D. Khidta, P.O. Chauhan, H.S. Rangra, Vinay Sharma, Peeyush Verma, Sanjeev Kumar Suri, Rajneesh K. Lal, Vishwa Bhushan, YPS Dhaulta, B.C. Verma, Surinder Prakash Sharma, Neel r Kamal Sharma, Tara Singh Chauhan, Vinod Chauhan, Mohar Chand, D.S. Kaith, Rakesh Kumar Dogra, and Shubham Sood, Advocates, for the respective petitioners.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs.
and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
Mr. Balram Sharma, ASGI, for respondentUOI.
Ms. Shubh Mahajan, Ms. Tim Saran, Mr. Karun Negi, Mr. Vikas Rajput, Mr. Yashwant Singh, Mr. S.V. Bhardwaj, Mr. Vikrant Thakur, Mr. Lakshay Thakur and Mr. Naresh K. Gupta, Advocates, for the respective respondents.
List on 26.4.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Manjeet Singh & ors Vs. State of H.P. & anr CWPOA No. 2812 of 2020 19.4.2022 Present: Ms. Shalini Thakur, Advocate for the petitioners.
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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
List on 26.4.2022.
r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS M/s Himachal Wire Industries Pvt. Ltd. Vs. Commissioner of Excise Chandigarh CEA Nos 5 of2017 with CEA No. 4 of 2017, CEA Nos 3, 4 and 5 of 2018 .
19.4.2022 Present: Mr. Atul Jhingan, Advocate, for the appellant(s).
Mr. Vijay Kumar Arora, Advocate, for the respondent(s).
One of the main issues, as raised in this appeal, is stated to be covered by the judgment rendered by this Court in Ranbaxy Laboratories Vs. Commissioner of C.Ex. Chandigarh, 2012 (279) ELT 194 (HP), however, the parties are adidem that the aforesaid judgment has been assailed before the Hon'ble Supreme Court and is pending consideration.
List in due course, reserving liberty to the appellants to seek listing of the appeal as and when the aforesaid matter is decided by the Hon'ble Supreme Court.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Yogita Devi Vs. State of H.P. CWPOA No. 2926 of 2020 19.4.2022 Present: Mr. Arvinder Arora, Advocate, for the petitioner.
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Mr. Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
List on 26.4.2022.
r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS Mamta Sharma Vs. State of H.P. & others CWPOA No. 2921 of 2020 19.4.2022 Present: Mr. Arvinder Arora, Advocate, for the petitioner.
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Mr. Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondentsState.
List on 26.4.2022.
r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana) ::: Downloaded on - 20/04/2022 20:06:19 :::CIS .
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