Himachal Pradesh High Court
Moti Shiri vs State Of Himachal Pradesh And Others on 5 March, 2021
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3301 of 2020
.
Decided on: 05.03.2021.
Moti Shiri ....Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioner : M/s Rajiv Rai and Gurudev Singh,
Advocates.
For the respondents : M/s Sumesh Raj, Dinesh Thakur
and Sanjeev Sood, Additional
r Advocate General with M/s Kamal
Kant Chandel and Divya Sood,
Deputy Advocate Generals for
respondents No. 1 to 3 and 5.
: Mr. Sanjay Bhardwaj, Advocate for
respondent No. 4.
: Mr. Raj Kumar Negi, Advocate for
respondent No. 6.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-
"(i) That respondents No. 5 and 6 may kindly be directed to enter the name of the petitioner and his family in the parivar Register Record of Gram Panchayat Lippa, Tehsil Moorang, District Kinnaur, 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 06/03/2021 20:20:45 :::HCHP 2
Himachal Pradesh in pursuant to the application dated 23.09.2019 vide Annexure P/1, forthwith.
.
B. That the respondent No. 5 and 6 may kindly be directed to pay a compensation at least to the tune of Rupees 1,00,000/- (Rupees One Lac) on account of harassment cause by him to the petitioner.
C. that the respondent No. 2 and 3 may kindly be directed to initiate departmental enquiry/ proceeding against the respondents No. 5 and 6 for his willful and intentional dereliction in discharge of his duty."
(ii) That the respondents are directed to pay back the amount which has been recovered by the respondents from his pension."
2. Learned Additional Advocate General informs the Court that grievance of the petitioner stands redressed as now name of the petitioner and his family have been entered in the Parivar Register of Gram Panchayat Lippa, Tehsil Moorang, District Kinnaur.
3. Mr. Rajiv Rai, learned Counsel for the petitioner submits that though the nameof the petitioner has now been entered in the Parivar Register, but it is only after the notice was issued by this Court in this writ petition filed by the petitioner and it is on account of inaction on the part of the authorities concerned ::: Downloaded on - 06/03/2021 20:20:45 :::HCHP 3 that persons like the petitioner have to run from pillar to post even for their valid and admissible rights. He further submits that as .
some public servants are not performing their duty, this is an extremely serious issue as litigations are easily avoidable if public authorities do their duties diligently.
4. Having heard learned Counsel for the parties and having gone through the pleadings of the case, this Court finds force in the submissions so made by Mr. Rajiv Rai, learned Counsel for the petitioner. Apparently, there was no infirmity in the application etc. which was made by the petitioner for inclusion of his name in the parivar register, yet it was only after a notice stood issued by this Court in the present writ petition that the authorities did their duty. The Court taking a serious note of this through the office of learned Advocate General intends to bring the fact to the notice of the executive authorities concerned that in future this kind of lacklusture attitude on the part of public authorites shall not be appreciated by the Court and if such kind of omissions are repeated, then the concerned authorities shall have to be ready to face the consequences.
With these observations, the writ petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of.
(Ajay Mohan Goel)
March 05, 2021 Judge
(narender)
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