Himachal Pradesh High Court
Anita Kumari vs . State Of H.P And Anr. on 19 May, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
Anita Kumari vs. State of H.P and Anr.
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CWPOA No.4855 of 2020 19.05.2023 Present: Mr. K.B.Khajuria, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for the respondents- State.
Admit.
List for hearing alongwith CWPOA No. 4832 of 2020.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Balak Ram vs. HP State Forest Development Corp. Ltd .
CWP No.2681 of 201919.05.2023 Present: Mr. J.R.Sharma, Advocate, for the petitioner.
None for the respondent.
Pleadings are complete.
Admit.
List for hearing before appropriate Bench in the first week of August, 2023.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Sanjay Kumar vs. HP State Forest Development Corp. Ltd.
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CWP No.2667 of 201919.05.2023 Present: Mr. J.R.Sharma, Advocate, for the petitioner.
None for the respondent.
List along with CWP No. 2681 of 2019.
(Vivek Singh Thakur)
r Judge
( Sushil Kukreja )
Judge
May 19, 2023
(Gaurav)
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Rajeev Kumar vs. State of H.P & Anr .
CWPOA No.4852 of 202019.05.2023 Present: Mr. Yogesh Kumar Chandel, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for respondent No.1.
Mr. Sanjeev Kumar Mota, Advocate for respondent No.2.
Pleadings are complete.
r Admit.
List for consideration on 10.07.2023.
Name of Sh. Sanjeev Kumar Mota, Advocate be reflected in the cause list as respondent No.2 instead of Ms. Anjula S. Khajuria, Advocate.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Rishabh Sharma vs. State of H.P and Anr .
CWPOA No.4864 of 202019.05.2023 Present: Mr. Yogesh Kumar Chandel, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for respondent No.1.
Mr. Sanjeev Kumar Mota, Advocate for respondent No.2.
Pleadings are complete.
r Admit.
List for consideration on 10.07.2023.
Name of Sh. Sanjeev Kumar Mota, Advocate be reflected in the cause list as respondent No.2 instead of Ms. Anjula S. Khajuria, Advocate.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Suman Bala vs. State of H.P and Anr.
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CWPOA No.4853 of 202019.05.2023 Present: Mr. K.B.Khajuria, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for the respondents- State.
Admit.
List for hearing alongwith CWPOA No. 4832 of 2020.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Hem Lata vs. State of H.P and Anr.
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CWPOA No.4858 of 202019.05.2023 Present: Mr. K.B.Khajuria, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for the respondents- State.
Admit.
List for hearing alongwith CWPOA No. 4832 of 2020.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Roop Lal Bhardwaj vs. State of H.P and Ors .
CWP No.2436 of 201919.05.2023 Present: Mr. Pankaj Sharma, Advocate, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for the respondents No.1 and 2-State.
None for respondent No.3.
Despite service, respondent No.3 has failed to make arrangement for his representation and, therefore, proceeded against ex-parte.
Reply on behalf of other respondents stands filed. Rejoinder thereto has also been filed.
List for consideration on 05.07.2023.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Chmpa Devi vs. State of H.P and Ors.
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CWP No.1541 of 201819.05.2023 Present: Mr. Vineet Bharmoria and Mr. Munish Datwalia, Advocates, for the petitioner.
Mr. Rajesh Mandhotra, Additional Advocate General for the respondents No. 1 to 6- State.
None for respondents No. 7 and 8 Mr. Arun Sharma, Advocate for r respondent No.9 Reply on behalf of respondents No. 1
and 2 stands filed. Learned Additional Advocate General submits that the said reply has been adopted by respondent No.4. Reply(s) to be filed by other respondents being represented office of the Advocate General or not and in case. Be obtained by next date of hearing and incase, reply(s) intends to be filed on behalf of these respondents. Be filed within four weeks.
Learned Additional Advocate General is also directed to have instructions with respect to respondents No. 7 and 8, failing which they shall be proceeded against ex-parte.
Reply and POA on behalf of respondent No.9 be filed within four weeks. Rejoinders to the replies be filed within two weeks thereafter.
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(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Meena Kumari vs. State of H.P and Ors.
CWP No.2977 of 2023.
19.05.2023 Present: Mr. Varun Thakur, Advocate, for the petitioner.
Mr. Prashant Sen, Deputy Advocate General, for respondents No.1 and 2- State.
CWP No. 2977 of 2023 & CMP No.5863 of 2023 Notice. Mr. Prashant Sen, learned Deputy Advocate General, accepts and waives service of notice on behalf of respondents No. 1 and 2 and seeks time to obtain instructions and produce record.
Dasti notice be issued to respondent No.3, returnable for 26.05.2023, on taking steps within a week.
Respondent No.2 is also directed to inform respondent No.3 about filing and date of listing of present petition.
Instructions be obtained and records be produced by next date of hearing.
List on 26.05.2023.
Till next date, petitioner shall not be compelled to join next place of posting and she may avail leave of kind due.
Petitioner may produce the downloaded copy of the orders passed by the Court before the Authorities concerned, if required, and the concerned Authority shall ::: Downloaded on - 20/05/2023 21:04:46 :::CIS not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.
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(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Manoj Kumar vs. State of H.P and Ors.
CWP No.2972 of 2023.
19.05.2023 Present: Mr. Narender Singh Thakur, Advocate, for the petitioner.
Mr. Manoj Chauhan, Additional Advocate General, for the respondents -State.
CWP No. 2972 of 2023 & CMP No. 5848 of 2023 Notice. Mr. Manoj Chauhan, learned Additional Advocate General, accepts and waives service of notice on behalf of the respondents and seeks time to have instructions and to produce records. Be obtained and record be produced on next date of hearing.
List on 02.06.2023.
It is stated by learned counsel for the petitioner that as petitioner is still on his previous place of posting, therefore, it is directed that order dated 1.5.2023 ( Annexure P-1) shall be kept in abeyance, till next date, if not already implemented.
Petitioner may produce the downloaded copy of the orders passed by the Court before the Authorities concerned, if required, and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Giano Devi vs. State of H.P and Ors.
CWP No.2973 of 2023.
19.05.2023 Present: Mr. Vishwa Bhushan, Advocate for the petitioner.
Mr. Manoj Chauhan, Additional Advocate General, for respondents No.1 to 5 and 7- State.
Mr. Surinder Saklani, Advocate, for respondent No.6.
Caveat Petition No. 179 of 2023 r Heard. Allowed and disposed of.
CWP No. 2973 of 2023 &CMP No.5849 of 2023 Notice. Mr. Manoj Chauhan, learned Additional Advocate General and Mr. Surinder Saklani Advocate for respondent No.6, accept and waive service of notice on behalf of respondents No. 1 to 5 & 7 and 6.
At this stage, Notices are not being issued to respondents No. 8 to 11.
Copy of petition be supplied to learned counsel for respondent No.6.
List for consideration on 23.05.2023.
Till then, order dated 07.4.2022(Annexure P-2), passed by Authorized Officer -cum- Sub Divisional Officer (Civil), Sarkaghat, District Mandi, in case No.06 of 2021,affirmed by Deputy Commissioner, Mandi, vide order dated 25.04.2023, in case No.06 of 2022 ( Annexure P-3), shall remain stayed.
Petitioner may produce the downloaded copy of the orders passed by the Court before the Authorities ::: Downloaded on - 20/05/2023 21:04:46 :::CIS concerned, if required, and the concerned Authority shall not insist for the certified copy of order, rather passing of order can .
be verified from the web-page of this Court.
(Vivek Singh Thakur)
Judge
May 19, 2023
to ( Sushil Kukreja )
Judge
(Gaurav)
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Sita Ram Bansal vs. State of H.P and Ors.
CWP No.2971 of 2023.
19.05.2023 Present: Mr. Prashant Sharma, Advocate for the petitioner.
Mr. Manoj Chauhan, Additional Advocate General, for respondents No.1 to 3.
CWP No. 2971of 2023 Notice. Mr. Manoj Chauhan, learned Additional Advocate General, accepts and waives service of notice on behalf of the respondents and seeks time to file reply.
Be filed, as prayed, within four weeks.
List for consideration after four weeks.
List on 28.06.2023.
CMP No.5845 of 2023Dismissed as not pressed and disposed of with liberty to file afresh, if occasion arises to do so.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 19, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS .
order dated 25.4.2022 (Annexure P-7), passed by Sub Divisional Officer (Civil), Karsog in case No.3 of 2021 and affirmed by Deputy Commissioner, Mandi, vide order dated 1.5.2023, in case No.08 of 2022, Annexure P-12, shall remain stayed.
order dated 25.4.2022 (Annexure P-7), passed by Sub Divisional Officer (Civil), Karsog in case No.3 of 2021 and affirmed by Deputy Commissioner, Mandi, vide order dated 1.5.2023, in case No.08 of 2022, Annexure P-12, shall remain stayed.
Basant Lal vs. State of H.P and Ors.
CWP No.2854 of 202318.05.2023 Present: Mr. K.D.Sood, Senior Advocate, with Mr. Mukul Sood and Mr. Het Ram Thakur, Advocates for the petitioner. Mr. Manoj Chauhan, Additional Advocate General, for respondents No.1 to 3.
CWP No. 2854 of 2023Notice. Mr. Manoj Chauhan, learned Additional Advocate General, accepts and waives service of notice on behalf of respondents No. 1 to 3 and seeks time to ::: Downloaded on - 20/05/2023 21:04:46 :::CIS file reply. Be filed, as prayed, within three weeks.
Notice to respondents No. 4 to 7, returnable .
for 28.06.2023, on taking steps within three days, be issued.
List on 28.06.2023.
CMP No. 5658 of 2023Notice in the aforesaid terms.
Till next date, order dated 25.4.2022 (Annexure P-7), passed by to Sub Divisional Officer (Civil), Karsog in case No.3 of 2021 and affirmed by Deputy Commissioner, Mandi, vide order dated 1.5.2023, in case No.08 of 2022, Annexure P-12, shall remain stayed.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) Reena Devi vs. Sunil Kumar CMP(M) No.448 of 2023 18.05.2023 Present: Mr. Narender Guleria, Advocate, for the applicant/appellant.
On taking fresh steps for the service respondent, including filing of his current address, within two days, notice be issued to respondent, returnable on 14.6.2023.
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(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Pawan Kumar Negi vs. State of H.P and Ors.
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CWP No.2920 of 202318.05.2023 Present: Dr. Lalit Kumar Sharma, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for the respondents- State. 2.
CWP No. 2920 of 2023Instructions, as prayed, be obtained by the next date of hearing.
Record be also requisitioned.
List on 22.05.2023.
CMP No. 5773 of 2023Notice in the aforesaid terms.
Till then, implementation of order dated 29.4.2023, Annexure P-5, shall remain stayed.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Des Raj vs. State of H.P and Ors.
CWP No.2919 of 2023.
18.05.2023 Present: Mr. Desh Raj Thakur, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1 to 3.
CWP No. 2919 of 2023Notice. Mr. Rakesh Dhaulta, learned time to have r to Additional Advocate General, accepts and waives service of notice on behalf of respondents No. 1 to 3 and seeks instructions and to produce record. Be obtained and record be produced on the next date of hearing.
List on 29.05.2023.
CMP No. 5772 of 2023Notice in the aforesaid terms.
Case of the petitioner is that he is going to retire within a period of two years and he has been transferred to difficult area, in violation of the transfer policy.
In the meanwhile, impugned order dated 12.5.2023, Annexure P-1, shall remain stayed.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Chande Ram vs. State of H.P and Ors.
CWP No.2922 of 2023.
18.05.2023 Present: Mr. Jai Dev Thkaur, Advocate, for the petitioner.
Mr. Manoj Chauhan, Additional Advocate General, for the respondents.
CWP No.2922 of 2023Notice. Mr. Manoj Chauhan, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Admit.
List on 04.07.2023 along with CWP No.2590 of 2021.
CMP No. 5775 of 2023Subject to alteration/vacation/modification on motion, petitioner shall be allowed to continue in service till the age of 60 years.
Application stands disposed of.
Petitioner may produce the downloaded copy of the order passed by the Court before the Authorities concerned, if required, and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-
page of this Court.
CMP No. 5776 of 2023Allowed. The applicant/petitioner is exempted from filing English translation of Annexure P-4 at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Vijay Kumar and Anr. vs. State of H.P and Ors.
CWP No.2579 of 2023.
18.05.2023 Present: Mr. Yudhvir Singh, Advocate, for the petitioners.
Mr. Manoj Chauhan, Additional Advocate General, for respondents No. 1 to 4/State.
CMP No. 5691 of 2023Main petition along with CMP No. 5137 of 2023 has been ordered to be listed on 26.05.2023 for which date notices have already been issued to respondents No. 5 to 21.
Considering the averments made in the application respondents No. 1 to 4 are directed to ensure implementation/ compliance of interim order dated 08.05.2023 passed in CMP No. 5137 of 2023 and to file report in this regard by next date of hearing.
List on 26.05.2023, the date already fixed in the main petition.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Seema Sahai vs. Daljit Singh Sahi & Ors.
CMP No. 1789 of 2023.
In LPA No. 163 of 2015 18.05.2023 Present: Appellant in person.
Mr. K.D.Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate for respondent No. 1. As per report of the Registry respondents No. 2 and 3 were duly served on 28.04.2023 but till date they have not chosen to be represented and therefore, they are proceeded against ex-
parte.
Reply on behalf of respondent No.1 to the application be filed within three weeks.
List for consideration on 21.06.2023.
(Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Chander Mani vs. State of H.P and Ors.
CWP No.818 of 2023.
18.05.2023 Present: Mr. K.C. Sankhayan, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for respondents.
Respondents have decided the representation of the petitioner vide office order dated 28.03.2023, copy whereof has been placed on record. Therefore, no further order is required to be passed except that petitioner shall be at liberty to avail appropriate remedy for redressal of his grievance including assailing of order dated 28.3.2023, in accordance with law (Vivek Singh Thakur) Judge ( Sushil Kukreja ) Judge May 18, 2023 (Gaurav) ::: Downloaded on - 20/05/2023 21:04:46 :::CIS Ashwani Kumar Dogra vs. State of H.P and Ors.
CMP No.5699 of 2023 in .
CWP No. 2504 of 202318.05.2023 Present: Ms. Anchal Sharma, Advocate, for the applicant/petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for respondent-State.
This application has been filed for correction of mistake in order dated 15.05.2023, wherein, in first para, office order dated 27.02.2023, Annexure P-2 has been wrongly typed instead of office order dated 28.02.2023, Annexure P-3.
Taking into consideration, the averments made in this application. the necessary correction of ministerial mistake, pointed out in this application, is ordered to be carried out and thereafter, first para shall be read as under:
"Petitioner has approached this Court, assailing order/corrigendum dated 01.03.2023 (Annexure P-5), whereby his transfer, ordered vide office order dated 28.02.2023 (Annexure P-3) from Sub Divisional Officer (Civil) Keylong, District Lahaul & Spiti to Sub Divisional Officer (Civil) Nadaun, District Hamirpur, has been cancelled."
Necessary correction be carried out in the order and corrected order be uploaded on the website of High Court.
As prayed, date for filing representation is also modified and petitioner is permitted to submit detailed representation on or before 22.5.2023, which shall be decided by the Divisional Commissioner on or before the time already granted i.e 30.5.2023.
The application stands disposed of.
::: Downloaded on - 20/05/2023 21:04:46 :::CISPetitioner may produce the downloaded copy of the orders passed by the Court before the Authorities concerned, if .
required, and the concerned Authority shall not insist for the certified copy of order, rather passing of order can be verified from the web-page of this Court.
(Vivek Singh Thakur)
r Judge
(Sushil Kukreja )
Judge
May 18, 2023
(Gaurav)
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