Himachal Pradesh High Court
Chander Kant & Ors. vs State Of H.P. & Ors. on 7 May, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
Chander Kant & ors. vs State of H.P. & ors.
Ex.Pet. No.370 of 2024 .
07.05.2024. Present: Mr. Jai Dev Thakur, Advocate, for the petitioners.
Ms. Sharmila Patial, Addl. A.G., for the respondents.
Notice. Ms. Sharmila Patial, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Compliance report be filed within two weeks.
List on 21.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
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Ex.Pet. No.76 of 202407.05.2024. Present: Mr. Dhiraj Thakur, Advocate, for the petitioner.
Ms. Sharmila Patial, Addl. A.G., for the respondents/State.
Mr. Yudhvir Singh Thakur, Advocate, for respondent No.3.
Learned Additional Advocate General has placed on record the instructions dated 6.5.2024, which go to indicate that the matter has been sent to the Secretary (Education) to the Government of Himachal Pradesh.
In such circumstances, it was for the Secretary (Education) to have placed on record the instructions regarding decision, if any, taken on the communication and not for the Director of Higher Education, as has been done in the instant case. The respondents are directed to be careful in future.
Let fresh instructions be placed on record by Secretary (Eduction) by the next date of hearing.
List on 10.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
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CMP(M) No.699 of 202307.05.2024. Present: Mr. Hirdaya Ram, Advocate, for the applicants/appellants.
Mr. Anup Rattan, A.G., with Mr. I.N. Mehta, Sr. Addl. A.G., for the respondents/State.
Mr. K.D. Shreedhar, Sr. Advocate, with Ms. Sneh Bhimta, Advocate, for respondents No.6 and 7.
Learned counsel for respondents No.6 and 7 states that since the record has been produced by the relevant competent authority, he may be permitted to inspect the same. Permission granted.
List for consideration on 21.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
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CWPIL No.69 of 202307.05.2024. Present: Ms. Deepmala Sharma, Advocate, for the petitioner.
Mr. Anup Rattan, A.G., with Mr. I.N. Mehta, Sr. Addl. A.G., for the respondents/State.
Mr. Adarsh K. Vashista, Advocate, for respondent No.7.
Learned counsel for the petitioner prays for and is granted three weeks' time to take steps to implead the person as necessary party, whose interest is going to be adversely effected on account of filing of the present petition.
List on 28.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Ashok Kumar Sharma & ors vs State of H.P. & ors. a/w .
connected matter LPA No.162/2023 a/w LPA No.10/2023 LPA No.162/2022 07.05.2024. Present: Mr. Dilip Sharma, Sr. Advocate, with Mr. Manish Sharma, Advocate, for the appellants.
Mr. Ramakant Sharma. Addl. A.G., for respondent No.1/State.
Mr. R.K. Bawa, Sr. Advocate, with Mr. Ajay K. Sharma, Advocate, for respondents No.2 to 5.
LPA No.10 of 2023Mr. Ramakant Sharma. Addl. A.G., for the appellant.
Mr. R.K. Bawa, Sr. Advocate, with Mr. Ajay K. Sharma, Advocate, for respondents No.1 to 4.
Mr. Dilip Sharma, Sr. Advocate, with Mr. Manish Sharma, Advocate, for respondent No.10.
None for respondents No.5 to 9 and 11 to 17. .
As jointly prayed for, list on 20.06.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS M/s. Srijan Bhog Company Pvt. Ltd. Vs Excise & Taxation Officer-cum-Assessing Authority a/w connected matters .
C.R No.261/2017 a/w C.R Nos.263 to 266 to 2017 07.05.2024. Present: Mr. Vishal Mohan, Sr. Advocate, with Mr. Aditya Sood, Advocate, for the petitioner(s).
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for the respondents/State.
As prayed for, list on 14.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Om Prakash Vs State of H.P & ors.
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CWPOA No. 7335 of 202007.05.2024. Present: Ms. Pooja, Advocate, vice Mr. R.S. Chandel, Advocate, for the petitioner.
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for the respondents/State.
List on 14.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Anuradha Sharma Vs State of H.P & ors.
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CWPOA No. 7114 of 202007.05.2024. Present: Mr. K.S. Banyal, Sr. Advocate, with Mr. Inder Rana, Advocate, for the petitioner.
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for the respondents/State.
Mr. C.D. Negi, Advocate, for respondent No.4.
As prayed for by the learned counsel for the petitioner, list on 28.05.2024.
In the meanwhile, reply on behalf of respondent No.4 be also filed.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Rajesh Kumar & ors. Vs State of H.P & ors.
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CWPOA No. 6681 of 202007.05.2024. Present: Mr. Onkar Jairath, Advocate, for the petitioners.
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for the respondents/State.
Tag alongwith CWPOA No.8020 of 2019.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Khem Raj Vs State of H.P & ors.
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CWPOA No. 6569 of 202007.05.2024. Present: Mr. B.R. Sharma, Advocate, for the petitioner.
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for respondent No.1/State.
Mr. V.S. Rathore, Advocate, for respondents No.2 and 3.
Mr. Naresh Kumar, Advocate, for respondent No.4.
Mr. Ganesh Barowalia, Advocate, for respondent No.5.
Learned counsel for the petitioner prays for and is granted two weeks' time to file rejoinder to the reply filed by respondent No.5.
List on 21.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Deep Ram Vs M/C Shimla with connected matters .
CWPOA No. 6609 of 2020 with CWPOA Nos.6552, 6555 and 6612 of 2020 07.05.2024. Present: Mr. Jai Ram Sharma, Advocate, for the petitioner in all the petitions.
Mr. Mukul Sood, Advocate, for respondent-M.C, Shimla in all the petitions.
Mr. Tejasvi Dogra, Advocate, for respondent No.2 in all the petitions.
Since the petitioner(s) are now admittedly working in the office of Shimla Jal Prabhdhan Nigam Limited (SJPNL), therefore, SJPNL through its CMD is a necessary party in all the instant petitions and impleaded as such and shall figure as respondent No.2 in all these petitions.
Issue notice to newly added respondent. Mr. Tejasvi Dogra, Advocate, appears and waives service of notice on behalf of respondent No.2. He is directed to produce the service record of the petitioner(s) by the next date of hearing.
List on 28.05.2024.
Registry is directed to reflect the name of Mr. Tejasvi Dogra, Advocate, for respondent No.2 in the cause list henceforth.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024 (mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Anuradhika Vs State of H.P & ors.
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CWPOA No. 7120 of 202007.05.2024. Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.
Mr. Anup Rattan, A.G., with Mr. Y.W. Chauhan, Sr. Addl. A.G., for the respondents/State.
Learned Senior Additional Advocate General prays for and is granted two weeks' further time to file reply.
List on 21.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
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::: Downloaded on - 07/05/2024 20:36:13 :::CISM/s. APJ Laboratories vs H.P. State Cooperative Bank Ltd.
CWP No.7719/2021.
07.05.2024. Present: Mr. Vinay Kuthala, Sr. Advocate, with Mr. Rahul Mahajan, Advocate, for Directors Mr. Mohan Malik and Ms. Sanjeeta Malik.
Mr. Ankush Dass Sood, Sr. Advocate, with Mr.Ajay Kumar Dhiman, Advocate, for Directors Mr. Vijay Vohra and Neelam Vohra.
Ms. Ritta Goswami, Sr. Advocate, with Ms. Komal Chaudhary and Ms. Rekha Thakur, Advocates, for respondent No.2.
Mr. Sunil Mohan Goel, Advocate, for respondent- Bank with Ms. Shakuntla Negi, official of the Bank.
Mr. Abhishek Barowalia, Advocate, for respondent M/s. L.N. Pharma-applicant.
Cheque No.833002 in favour of H.P State Co-
operative Bank Ltd., A/c. APJ Laboratories Ltd. dated 24.4.2024 amounting to Rs.5 crores and cheque No. 833003 in favour of H.P State Co-operative Bank Ltd., A/c.
APJ Laboratories Ltd. Dated 24.5.2024 amounting to Rs.5 crores towards the settlement amount have been handed over to the official of the Bank present in the Court.
As regards the balance of Rs.52 lacs and odd amount, the applicant-respondent Ashotosh Gupta through Kuljeet Singh undertakes to deposit the same by the next date of hearing.
List on 28.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS .
::: Downloaded on - 07/05/2024 20:36:13 :::CISState of H.P. and anr. Vs. Roshan Lal Khajuria & anr.
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CMP(M) No.212 of 202407.05.2024. Present: Ms. Sharmila Patial, Addl. A.G., for the applicants/appellants.
Mr. Pushpinder, Advocate, for respondent No.1.
CMP(M) No. 212/2024By medium of this application, the State has sought condonation of 22 days delay that has crept up in filing of the appeal. Having gone through the averments made in the application, which are duly supported by an affidavit of Registrar, Co-operative Societies, we find sufficient cause to condone the delay in filing of the appeal. Ordered accordingly.
The application stands disposed of.
Appeal be registered.
LPA No. /2024 List for consideration on 14.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
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Ex.Pet. No.101 of 202407.05.2024. Present: Mr. M.L. Sharma, Advocate, for the petitioner.
Mr. Raman Jamalta, Advocate, for the respondents.
Learned counsel for the petitioner states that he has filed counter affidavit in the Registry, however, the same is not on record. Be traced and placed on record.
List on 14.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Dr. Ravinder Kumar Saxena through LRs vs State of H.P. & ors.
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Ex.Pet. No.366 of 202407.05.2024. Present: Mr. Anuj Nag, Advocate, for the petitioners.
Ms. Sharmila Patial, Addl. A.G., for the respondents/State.
Notice. Ms. Sharmila Patial, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Compliance report be filed within three weeks.
List after three weeks.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Dr. Prem Saxena vs State of H.P. & ors.
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Ex.Pet. No.368 of 202407.05.2024. Present: Mr. Anuj Nag, Advocate, for the petitioner.
Ms. Sharmila Patial, Addl. A.G., for the respondents/State.
Notice. Ms. Sharmila Patial, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. Compliance report be filed within three weeks.
List after three weeks.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Ashok Pal vs State of H.P. & ors.
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Ex.Pet. No.369 of 202407.05.2024. Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Ms. Sharmila Patial, Addl. A.G., for respondents No.1 to 3-State.
Mr. Pawnish K. Shukla, Advocate, for respondent No.4.
Notice confined to respondents No.1 to 4 at this stage. Ms. Sharmila Patial, learned Additional Advocate General and Mr. Pawnish K. Shukla, Advocate, appear and waive service of notice on behalf of respondents No.1 to 3 and 4 respectively. Compliance report be filed within two weeks.
List on 21.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 07, 2024 (mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Rattan Chand vs State of H.P. .
CWPOA No.6664 of 202006.05.2024. Present: Ms. Vishali Lakhanpal, Advocate, for the petitioner.
Mr. Navlesh Verma, Addl.A.G., for the respondent/State.
Learned counsel for the petitioner prays for and is granted two weeks' time to file power of attorney as well as rejoinder. List on 20.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Kanshi Ram vs. State of H.P. & ors.
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CWPOA No.6620 of 202006.05.2024. Present: Mr. Amrik Singh, Advocate, for the petitioner.
Mr. Navlesh Verma, Addl. A.G., for the respondents/State.
Learned counsel for the petitioner prays for and is granted two weeks' time to file rejoinder.
List on 20.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Rajender Pal vs State of H.P. & ors.
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CWPOA No.6250 of 202006.05.2024. Present: Mr. Ashwani Sharma, Advocate, for the petitioner.
Mr. Raj Negi, Dy. A.G., for the respondents/State.
Mr. Vikrant Thakur, Advocate, for respondent No.3.
Respondents No.4, 6 & 7 already ex parte.
r to Mr. C.D. Negi, Advocate, for respondent No.5.
Mr. Narender Singh respondent No.8.
Thakur, Advocate, for Learned counsel for respondent No.5 states that reply has been filed in the Registry today itself.
Learned counsel for the petitioner prays for and is granted two weeks' time to file rejoinder.
List for consideration on 27.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
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CWPOA No.6230 of 202006.05.2024. Present: Mr. A.K. Gupta, Advocate, for the petitioners.
Mr. Raj Negi, Dy.A.G., for the respondents/State.
Registry is directed to place on record the translated copy of Annexure A-2.
List on 13.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Prakash Chand vs State of H.P. & ors. a/w connected matter .
CWPOA No.6223 of 2020 with CWPOA No.3792 of 2020 06.05.2024. Present: Mr. Dilip Sharma, Sr. Advocate, with Ms.Divya Verma, Advocate, for the petitioner.(s) Ms. Sharmila Patial, Addl.A.G., for the respondents/State.
r to As prayed for, list on 20.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
(mamta) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Kamal Nain Dogra vs State of H.P. & ors.
CWPOA No.6559 of 2020.
06.05.2024. Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.
Mr. Ramakant Sharma, Addl.A.G., for the respondents/State.
Mr. Anil Kumar God, Advocate, for respondent No.3.
The instant petition has been filed with the following substantive reliefs:-
a) That the respondents may kindly be directed to give regularization to the applicant with all consequential benefits w.e.f. 3.1.2007 instead of 10.11.2008, alongwith interest on the delayed arrears of salary and the benefits of revised pay salary w.e.f.
3.1.2007 till the realization of the amount as per the ratio laid down in CWP No.2415 of 2012 titled as Mathu Ram versus Municipal Corporation and ors.
by Hon'ble High Court of Himachal Pradesh.
(b) That the direction be given to respondent No.2 to give regularization to the applicant w.e.f. 3.1.2007 onwards when he was completed 8 years of service, as has been done by the respondent department in the case of similarly situated persons vide office order dated 20.4.2016.
c) That directing the respondents to consider the applicant for pension and pensionary benefits in view of the fact that he was entitled to get regularization w.e.f. 3.1.2007 onwards."
Respondents No.1 and 2 have filed their reply, wherein it has been specifically averred as under:-
"However, the petitioner could not be regularized earlier under regularization policy circulated on 9.6.2006 and 18.6.2007, as the petitioner had not completed the requisite qualifying service, i.e., 8 years continuous with the minimum 240 days in each calender year as on 31.2.2004 and 31.3.2006 respectively."
Evidently, the aforesaid statement is contrary to the records as produced by the respondents themselves, which ::: Downloaded on - 07/05/2024 20:36:13 :::CIS goes to indicate that on and from the year 1999, the petitioner .
had completed 240 days in each calender year uptill 2008 and in this manner, the petitioner had completed 8 years of regular service with the minimum of 240 days, thus his services were required to be regularized from the year 2007.
As regards the cut off date in the policy, the same had to be read in a manner, as laid down by this Court in CWP No.2415 of 2012, titled as Mathu Ram Vs. Municipal Corporation & others, decided on 31.7.2014, which judgment, in turn, stands affirmed uptil the Hon'ble Supreme Court by virtue of dismissal of the SLP.
In the given circumstances, the deponent of the affidavit is directed to show cause why the proceedings of contempt be not initiated against him as deliberately and willfully a false affidavit has been filed before this Court.
The respondents-State are now directed to consider the case of the petitioner for regularization from the year 2007, which shall be subject to the availability of post. Supplementary affidavit by the respondents-State be filed on or before the next date of hearing.
List on 10.6.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 06, 2024.
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others vs. State of H.P. and others.
LPA No. 39 of 2021.
03.05.2024. Present: Mr. Vivek Singh Attri, Advocate, for the appellants.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for the respondents-State.
Heard. In view of the changed circumstances, the respondents are directed to file an affidavit with regard to admissibility of pension to the appellant. List on 24.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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FAO(FC) No.51 of 2021.
03.05.2024. Present: Mr. Vijender Katoch, Advocate, for the appellant.
Notices issued for the service of sole respondent have been received back unserved with the report that the r to house was found locked and as per the Pradhan of the village, he is residing somewhere-else. Let fresh steps for the service of the respondent be taken within two weeks. Thereafter, notices be issued to the sole respondent, returnable for 14.06.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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Criminal Appeal No. 130 of 2021.
03.05.2024. Present: Mr. Ravinder Kumar, Advocate, for the appellant.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for the respondent-State.
Learned counsel for the appellant states that now he has been engaged an Advocate by the appellant. If that be so, the Registry is directed not to reflect name of Mr. V.B. Verma, Advocate, henceforth in the Cause List as his name was being shown only because he was appointed as Legal Aid Counsel.
List on 17.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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LPA No. 185 of 2021.
03.05.2024. Present: Mr. Abhishek Barowalia, Advocate, for the appellant.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for the respondents-State.
Heard in part. For continuity, list on 06.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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LPA No.16 of 2022.
03.05.2024. Present: Mr. Surinder Saklani, Advocate, for the appellant.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for respondents No.1 to 3.
No.4.
r to Mr. Ashok Kumar Tyagi, Advocate, for respondent Learned Senior Additional Advocate General prays for and is granted two weeks' further time to comply with the previous order. List on 17.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
(krt) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS Veena Gupta vs. India Oil Corporation Limited .
and others.
Arb. Appeal No. 22 of 2022.
03.05.2024. Present: Mr. R.K. Bawa, Senior Advocate with Mr. Nitin Thakur and Mr. Ajay Kumar Sharma, Advocates, for the appellant.
Mr. Rahul Gathania, Advocate vice Mr. Het Ram, Advocate, for respondent No.1.
Mr. Ajay Sipahiya and Tejasvi Dogra, Advocates, for respondent No.2.
Learned vice counsel for respondent No.1 prays for an adjournment on the ground that the learned Senior Counsel, who is to conduct the case, is out of station. Prayer allowed as not opposed. List on 09.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
(krt) ::: Downloaded on - 07/05/2024 20:36:13 :::CIS M/s Backyard Garden Pvt. Ltd. vs. State of H.P. and .
others.
LPA No.100 of 2023.
03.05.2024. Present: Mr. Sohail Khan, Advocate vice Mr. Jagmohan Singh Chandel, for the appellant.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for the respondents-State.
Mr. Anuj Gupta and Mr. Rohit Sharma, Advocates, for respondent No.4.
Learned vice counsel for the appellant prays for an adjournment. List on 06.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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LPA No. 151 of 2023.
03.05.2024. Present: Mr. Mohit Thakur, Advocate, for the appellants.
Ms. Rinku Khoond, Advocate vice Mr. Balwant Singh Thakur, Advocate, for respondent No.1.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S.Guleria and Mr. Raj Negi, Deputy Advocate Generals, for respondent No.2.
Learned vice counsel for respondent No.1 prays for an adjournment. Prayer not opposed. List on 17.05.2024.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.
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CWPIL No.6 of 2017.
03.05.2024. Present: Mr. Deven Khanna, Advocate, as Amicus Curiae.
Mr. Yashwardhan Chauhan, Senior Additional Advocate General with Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocate Generals, for respondent Nos.1,2, 4 to 16-State.
Mr. Raman Jamalta, Advocate, for respondent No.3 and 23.
Mr. Shivank Singh Panta, Advocate, for respondent No.17.
Mr. Mukul Sood, Advocate, for respondent No.18.
Mr. Balram Sharma, DSGI, for respondent No.19-UOI.
Ms. Shreya Chauhan, Advocate, for respondent No.20-NHAI.
Mr. C.N. Singh, Advocate, for respondent No.21.
Mr. Tejasvi Dogra, Advocate, for respondent No.22.
Learned Deputy Solicitor General of India has placed on record a communication dated 02.05.2024, the relevant portion whereof reads as under:
"To The Chief Engineer (NH) Himachal Pradesh, Nirman Bhawan, Nigam Vihar, Shimla 171002.
Sub: Wayside amenities on various National Highways along with their Operation and Maintenance (Valley/Hill and Plain Side) (SH: Toilet Block, Septic Tank, Harvesting Tank, Retaining Wall & Service Lane on EPC Mode of Contract. Reg...
Sir, Please refer to your Letter No. PW-CE-NH-CTR- Wayside Amenities/2024-61-64, dated 04.04.2024, PW- CE-NH-CTR-Wayside Amenities/2024-300-2, dated 12.04.2204, PW-CE-NH-CTR-Wayside Amenities/2024- 559-66, dated 27.04.2024 & PW-CE-NH- CTR -CWPIL ::: Downloaded on - 07/05/2024 20:36:13 :::CIS .-2-
6/2017-Wayside Amenities/-632-36, dated 01.05.2024 requesting therewith vetting of the tender documents for the subject cited work.
2. As per the direction from the Hon'ble High Court draft documents for invitation of tender as submitted by PWD are hereby vetted. This is for taking urgent necessary action as per the direction of Hon'ble Court.
r to Yours faithfully,
Sd/-
(Romi)
Executive Engineer for
RO MoRT& H Shimla."
2. Now that the draft documents for invitation of tender, as were submitted by the PWD, stand vetted by MoRT&H, we direct MoRT&H to issue necessary advertisement for augmentation of tender within a period of one week from today.
3. It goes without saying that since the work is of public importance and this tender is being issued under the directions of this Court, therefore, there will be no necessity for the Department to seek approval of the Election Commission.
4. Ms. Shreya Chauhan, learned counsel for NHAI has placed on record a communication dated 23.10.2020 which goes to indicate that the site in question located at the National Highway No.5 (Km 67.000 to Km 68.000) trial stretch has been handed over by NHAI to the Horticulture Division of HPPWD, Shimla and has also sanctioned Rs.96,91,194/- for the maintenance thereof.
5. Ms. Shreya Chauhan, learned Counsel for NHAI has also placed on record a communication dated 13.11.2018 from the Ministry of Environment, Forest and Climate Change which goes ::: Downloaded on - 07/05/2024 20:36:13 :::CIS .-3-
to indicate that at the time of granting forest clearance in this Section from Kms 67/00 to 106.139, a condition was placed vide Clause-7 of the letter that the land shall be used only for the purpose as shown in the layout plan and for no other purpose and further this land would not be transferred to any organization, department or person without the prior approval of the Government of India.
6. The Court has been struggling to provide wayside amenities on the National Highways and is seized of the matter regarding wayside amenities on this stretch of land since 2017 and it is on one pretext or the other that till date no wayside amenities at least in the governmental sector including washroom has been constructed or made available.
7. In the given circumstances, Mr. Balram Sharma, learned Deputy Solicitor General of India to take up the matter with the Ministry concerned and impress upon them to relax this condition and permit the NHAI/State Government or any other Government Agency to raise construction on the site by providing wayside amenities.
8. List on 16.05.2024 when fresh status report(s) be filed by all the stakeholders.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge May 03, 2024.::: Downloaded on - 07/05/2024 20:36:13 :::CIS
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