Himachal Pradesh High Court
State Of Himachal Pradesh Through Its vs Atul Pundir And Others on 1 November, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 1ST DAY OF NOVEMBER, 2022.
BEFORE .
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN & HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA REVIEW PETITION NO.305 OF 2022.
Between:-
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (FINANCE) TO THE GOVT.
OF HIMACHAL PRADESH, SHIMLA-171002.
2. THE PRINCIPAL SECRETARY (RURAL DEVELOPMENT) TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA- 171002.
....PETITIONERS.
(BY SH. ASHOK SHARMA, ADVOCATE GENERAL WITH SH. J.S.GULERIA, DY. ADVOCATE GENERAL AND SH. RAJAT CHAUHAN, LAW OFFICER) AND
1. SH. ANMOL S/O SH. KRISHAN CHAND, R/O VILL.
CHUHKU (457), P.O. PAUNTA, TEHSIL SARKAGHAT, DISTT. MANDI, HP, 175024, AGED ABOUT 27 YEARS (DOB) PRESENTLY WAORKING AS CHIEF OPERATING OFFICER, DDUGKY SHIMLA, DIRECTORATE OF RURAL DEVELOPMENT, HP.
2. SH. ABHISHEK S/O SH. ROOP CHAND KAUNDAL, R/O VILL. RATERA, P.O. GALORE, TEHSIL GALORE, DISTT. HAMIRPUR, (H.P.)-177026, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK, NANKHARI, DISTT. SHIMLA,H.P.
3. SH. VINEET KUMAR S/O SH. RAMESH KUMAR, R/O VILL. AND P.O. DINGER-KINNER, TEHSIL PACHHAD, DISTT. SIRMOUR (H.P.)-173001, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK, BILASPUR, SADAR, DISTT. BILASPUR, H.P. ::: Downloaded on - 02/11/2022 20:33:15 :::CIS -2-
4. SH. ANKIT KOTIA S/O SH. YASHWANT SHARMA, R/O VILL. KOTI AND P.O. KHANGTERI, TEHSIL ROHRU, DISTT. SHIMLA (H.P.)-171207, PRESENTLY WORKING .
AS TECHNICAL EXPERT NRLM, KHALINI, DISTT.
SHIMLA, H.P.
5. SH. KANWAR TANMAY S/O SH. VIJENDER KANWAR, R/O AKASHDEEP BHAWAN, NORTH OAK, SANJAULI, SHIMLA-6, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK SHILLAI, DISTT. SIRMOUR, H.P.
6. SH. BHANU PARTAP SINGH THAKUR, S/O SH. JAI DEV THAKUR, R/O VPO BHANJRARU, TEHSIL CHURAH, DISTT. CHAMBA (H.P.).-176316, PRESENTLY WORKING AS BDO AT DEVELOPMENT BLOCK, KEYLONG, DISTT. LAHAUL & SPITI.
7. MS. OSHIN SHARMA, D/O SH. BHUVNESH SHARMA, R/O VPO RAIT, TEHSIL SHAHPUR, DISTT. KANGRA, H.P.-176208, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK NAGROTA SURIAN, DISTT. KANGRA, H.P.
8. SH. ANIL KUMAR S/O SH. NAROTAM R/O VILL. KURNAH, P.O. MEHLA, TEHSIL AND DISTRICT CHAMBA, H.P.-176311, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK BHARMOUR, CHAMBA, DISTT. CHAMBA, H.P.
9. MS. HIMANSHI D/O SH. HEM RAJ SHARMA, R/O VPO GAHAR, TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P., PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK BIJHRI, DISTT. HAMIRPUR, H.P.
10. SH. NEON DHAIRYA SHARMA, S/O SH. MANDEEP SHARMA, R/O HOUSE NO. 18/08, NEAR HOTEL SARVARI, DHALPUR, KULLU, DISTT. KULLU, H.P.- 175101, PRESENTLY WORKING AS DEPUTY CHIEF EXECUTIVE OFFICER NRLM DEPARTMENT OF RURAL DEVELOPMENT AT KHALINI, DISTT. SHIMLA, (H.P.).
11. SH.KARAN SINGH S/O SH. RATTAN SINGH, R/O 4TH FLOOR, KALYAN BHAWAN, NEAR LAXMI NARAYAN MANDIR, KASUMPTI, SHIMLA, H.P.-171009, PRESENTLY WORKING AS BLOCK DEVELOPMENT ::: Downloaded on - 02/11/2022 20:33:15 :::CIS -3- OFFICER AT DEVELOPMENT BLOCK JUBBAL- KOTKHAI, DISTT. SHIMLA, HP.
12. SH. SURENDER S/O SH. HEM SINGH THAKUR, R/O .
VILL. KANGTI, P.O. BABEL, TEHSIL AND DISTT.
KULLU, H.P.-175138, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK, SUNDERNAGAR, DISTT. MANDI,H.P.
13. SH. BABNESH KUMAR CHADDA, S/O SH. MOHAN LAL, R/O VPO HATWAR, TEHSIL GHUMARWIN, DISTT. BILASPUR, H.P.-174028, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK, KARSOG, DISTT. MANDI, H.P.
14. SH. MUKESH KUMAR, S/O SH. HARDEV SINGH, R/O KHAIRI, P.O. JUBBERHATTI, TEHSIL AND DISTT. SHIMLA, H.P.-171011, PRESENTLY WORKING AS BLOCK DEVELOPMENT OFFICER AT DEVELOPMENT BLOCK NAGGAR AT KATRAIN, DISTT. KULLU,H.P. .....RESPONDENTS.
(BY SH. NARESH KAUL, ADVOCATE) This review petition coming on for orders this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:-
O R D E R CMP(M) NO.837 OF 2022.
For the reasons stated in the application, the delay of 31 days' that has crept up in filing the review petition is condoned.
The application stands disposed of.
Review petition be registered.
REVIEW PETITION NO.305 OF 2022.
2. It is not in dispute that the issue raised in the instant review petition is similar to the one which was raised by the petitioners earlier while filing Review Petition No. 105/2022 titled ::: Downloaded on - 02/11/2022 20:33:15 :::CIS -4- State of Himachal Pradesh and another vs. Atul Pundir and others, decided on 15.07.2022. The reasons for dismissing the aforesaid .
review petition are explicit and contained in the order dated 15.07.2022, which reads as under:-
"The perusal of review petition would go to show that even though the Law Department has advised that no fruitful purpose would be achieved by assailing the impugned order by way of Review Petition or Special Leave Petition, however, the Department on its own after taking into consideration the so called huge financial implications has filed the instant review petition.
2. That apart, the judgment rendered by this Court is based upon the instructions given by the respondents themselves, as find mention and recorded in para-2 of the judgment.
3. In absence of the affidavit of the Law Officer of the State disputing the concession given by him, it is not open to the petitioner to question this judgment by way of the instant petition.
4. Accordingly, the review petition is dismissed, so also pending application(s), if any."
3. As observed above, the issue raised in this review petition is identical to the one raised in Review Petition No. 105 of 2022. In such circumstances, it is not open to the Court to take a different view of the matter.
4. Consequently, for the reasons stated in the order dated 15.07.2022 (as reproduced above) which shall apply mutatis mutandis ::: Downloaded on - 02/11/2022 20:33:15 :::CIS -5- to the instant case, the review petition is dismissed, so also all the pending applications, if any.
.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 1st November, 2022.
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