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Himachal Pradesh High Court

M/S Santosh Jeewan Sharma vs State Of Himachal Pradesh And Others on 19 April, 2018

Bench: Sanjay Karol, Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 840 of 2018 .

Decided on: April 18, 2018

------------------------------------------------------------------------------------- M/s Santosh Jeewan Sharma ..Petitioner Versus State of Himachal Pradesh and others ..........Respondents

------------------------------------------------------------------------------------- Coram Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?

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For the petitioner r Mr. K.C. Sankhyan and Mr. Satish Kumar Awasthi, Advocates.

For the respondents Mr. Ashok Sharma, AG with Mr. Ajay Vaidya, Sr. AAG, Mr. Ranjan Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, AAG and Mr. J.K. Verma, DAG.

------------------------------------------------------------------------------------- Sanjay Karol, Acting Chief Justice (oral):

Without pressing the petition on merits, learned counsel for the petitioner, under instructions, submit that petitioner shall be content if it is permitted to file a fresh representation before the competent authority/respondent No.2, venting out its grievances.
Learned Additional Advocate General has no objection to the same.

2. Ms.Ritta Goswami, learned Additional Advocate General, assures that on receipt of such representation, competent authority/respondent No.2 shall expeditiously consider and decide the same, in accordance with law.

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Whether the reporters of the local papers may be allowed to see the judgment? .

::: Downloaded on - 19/04/2018 23:24:25 :::HCHP 2

3. No other point is urged.

4. Leaving all questions of law open, a direction is issued to .

competent authority/respondent No.2, to consider and decide the petitioner's representation, in accordance with law, by affording due opportunity of hearing/representation to the petitioner, within a period of two months from the date of production of certified copy of this order. Needless to add, if the order is not in favour of the petitioner, the authority shall assign reasons while deciding the same, which shall be communicated to the petitioner. Liberty reserved to the petitioner to place additional material on record, if any. Till the decision is taken on the representation, no coercive action for recovery, if any, shall be taken and eventually in the event of petitioner's being aggrieved, it shall be open for it to approach the Court, in accordance with law.

5. With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any.

Copy dasti.

(Sanjay Karol) Acting Chief Justice (Sandeep Sharma) Judge April 18, 2018 (vikrant/manjit) ::: Downloaded on - 19/04/2018 23:24:25 :::HCHP