Himachal Pradesh High Court
The State Of Hp Through Its Principal vs State Of Himachal Pradesh And on 4 April, 2022
Bench: Tarlok Singh Chauhan, Sandeep Sharma
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 4th DAY OF APRIL, 2022
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION NO. 1550 OF 2021
Between:
1. THE STATE OF HP THROUGH ITS PRINCIPAL
SECRETARY (HEALTH) TO THE GOVERNMENT OF HP,
SHIMLA2,HP.
2. THE DIRECTOR, HEALTH SERVICES HP, SHIMLA9
...PETITIONERS
(BY MR. AJAY VAIDYA, SENIOR ADDITIONAL
ADVOCATE GENERAL)
POONAM SOOD,D/O SH. LAKH RAJ SOOD, RESIDENT
OF H.P. MEDICAL HOSPITAL & REHABILITATION,
SHIMLA5, H.P.
...RESPONDENT
(BY MR. VIJAY BIR SINGH, ADVOCATE)
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This petition coming on for orders
this day, the Court passed the following:
O R D E R
.
The instant petition has been filed for the grant of following substantive relief(s):
"That the impugned judgment/order dated 03.08.2018 (Annexure P1 to the present petition) passed in terms of order dated 11.01.2018 in TA No. 4478/2015 may very kindly be quashed and set aside."
2. A perusal of the impugned order indicates that the Tribunal passed the same by relying on its earlier order dated 11.1.2018, passed in T.A. No. 4478 of 2015, titled as "Parvati Sharma & others versus State of Himachal Pradesh and another".
3. Learned counsel appearing for the respondent has invited attention of the Court towards order dated 6.1.2021 passed in CWP No. 5764 of 2020, titled as, "State of H.P. & another ::: Downloaded on - 06/04/2022 20:10:30 :::CIS 5 versus Parwati Sharma and others, vide which the writ petition filed by the petitionersState against the order of Tribunal in Parwati Sharma's .
case was dismissed on the ground of delay and laches. It is also contended that the petitioner State filed Special Leave to Appeal No. 6453/2021 before the Hon'ble Supreme Court against the judgment of the Division Bench of this Court, but the same wasr dismissed vide order dated 28.6.2021.
4. Mr.Ajay Vaidya, learned Senior Additional Advocate General contended that the writ petition in the case of Parwati Sharma was not dismissed on merits, but on delay and laches and the delay in the present case is not as much as in the case of Parwati Sharma.
5. We have heard learned counsel for the parties and gone through the records of the case.
6. The order in the case of Parvati Sharma was delivered by the Tribunal on 11.1.2018 and ::: Downloaded on - 06/04/2022 20:10:30 :::CIS 5 the writ petition against the aforesaid order was filed before this Court on 17.12.2020. This Court, relying upon the orders of the Hon'ble .
Supreme Court in Special Leave Petition (Civil) No. 13348 of 2020, titled The State of Madhya Pradesh & another Vs. Chaitram Maywade, decided on 27.10.2020, Special Leave Petition (Civil) Diary No(s) 971/2020, titled as "The State of Uttar Pradesh & Anr. Vs. Prem Chandra, r decided on 27.11.2020 and SLP(C) Diary No(s) 19059 of 2020, titled Deputy Conservator of Forests Vs. Timblo Irmaos Ltd & Ors., decided on 18.12.2020, held that the delay on the part of the Government visavis delay on the part of the private parties cannot be distinguished in the matter of belatedly approaching the Court without sufficient cause.
7. The order passed by the Tribunal, which is impugned here, was passed on 3.8.2018, relying on its order dated 11.1.2018, passed in Parvati ::: Downloaded on - 06/04/2022 20:10:30 :::CIS 5 Sharma's case. The writ petition against the aforesaid order of the Tribunal in Parvati Sharma's case was filed belatedly before this .
Court on 17.12.2020. Even though the learned Senior Additional Advocate General pressed on the merits of the matter, but was not in a position to differentiate the reasons for delay that why the writ petition was not filed immediately.
8. Consequently, r the present petition is also dismissed for the same reasons, on which the writ petition in the case of Parvati Sharma, was dismissed. The pending application(s), if any, are also disposed of.
(Tarlok Singh
Chauhan)
Judge
(Sandeep Sharma,)
Judge
April 4, 2022
Kalpana
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