Himachal Pradesh High Court
Chandu vs The State Of H.P. & Others on 7 July, 2015
Bench: Chief Justice, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP Nos.3031, 3032 & 3033 of
2015
Date of decision: 07.07.2015
.
1. CWP No.3031 of 2015
Chandu .....Petitioner
Versus
The State of H.P. & others .....Respondents
2. CWP No.3032 of 2015
Ramesh Kumari .....Petitioner
Versus
The State of H.P. & others .....Respondents
3. CWP No.3033 of 2015
Nirmala Devi .....Petitioner
Versus
The State of H.P. & others .....Respondents
Coram:
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
Whether approved for reporting?
For the petitioner(s): Mr. Sanjay Dutt Vasudeva, Advocate.
For the respondents: Mr.Shrawan Dogra, Advocate General, with
Mr.Anup Rattan and Mr.Romesh Verma,
Additional Advocate Generals, with Mr. J.K.
Verma Deputy Advocate General, for
respondents No.1 and 2.
Mr. Y.W. Chauhan, Advocate, for
respondents No.3 and 4.
________________________________________________________________________________
Mansoor Ahmad Mir, Chief Justice (oral)
[ Learned counsel for the parties stated at the Bar that similar matters were considered by this Court in a batch of cases, ::: Downloaded on - 15/04/2017 18:31:11 :::HCHP 2 lead case of which is CWP No.1540 of 2013, titled Bakshi Ram vs. Union of India, decided on 6th November, 2013 and prayed that these writ petitions be disposed of in terms of the judgment (supra).
.
Their statements are taken on record.
2. It is apt to reproduce relevant portion of the judgment, referred to above at pages 25 and 26, herein:-
2. It is not in dispute that after the judgment rendered by the Apex Court in Pradesh Pong Bandh Visthapit Samiti, Rajasthan & Another versus Union of India & Others Others, (1996) 9 Supreme Court Cases 749, a high power committee has been constituted to look into the grievance of the petitioners and similar situate persons. This committee is still functional.
Accordingly, the petitioners are permitted to make representation(s) before the high power committee. The committee shall look into the grievance of the petitioners and similar situate persons within a period of six months after receipt of the representation(s). The committee shall also be guided by the judgment rendered by this Court in CWP No.492 of 2007, titled as "Ashwani Kumar V. Union of India", decided on 29.3.2011, against which an SLP was preferred which was dismissed by Hon'ble Supreme Court on 2.1.2013. It is made clear that the limitation/delay shall not come in the way of the petitioner(s). It is also made clear that the high power committee shall decide the cases individually and pass speaking/detailed order(s), strictly as per the averments made in the representation(s). It is further clarified that if the land is available in Sriganganagar (reserved area), this aspect shall also be taken into consideration. The respondent-State is also directed to issue the eligibility certificate in favour of the petitioners in CWPs No. 11070 of 2011-G and 1158 of 2013 in order to enable them to present their cases before the high power committee."
::: Downloaded on - 15/04/2017 18:31:11 :::HCHP 33. It is also stated that the judgment, referred to above, was also followed by the Division Bench of this Court and upheld by the Supreme Court in a judgment rendered in SLP(C) No.21904 .
of 2012, titled State of Rajasthan & another vs. Ashwani Kumar Sharma & others, decided on 2nd January, 2013 and the Special Leave Petition was dismissed.
4. In the given circumstances, we deem it proper to dispose of all these writ petitions in terms of the judgment made by the learned Single Judge (supra) with liberty to the writ petitioners to file representation(s) within four weeks before the High Power Committee. The said Committee is directed to decide the same within three months thereafter.
5. Accordingly, the writ petitions are disposed of alongwith all pending applications, if any.
Copy dasti.
( Mansoor Ahmad Mir )
Chief Justice
July 7, 2015 ( Tarlok Singh Chauhan )
(cm/vt) Judge
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