Himachal Pradesh High Court
Shri Maha Bawan Transport Co. vs . State Of H.P.& Others on 5 April, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Shri Maha Bawan Transport Co. Vs. State of H.P.& others .
CWP No. 4527 of 2022 05.04.2023 Present Mr. Bhupender Gupta, Senior Advocate with Mr. Janesh Gupta, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Navlesh Verma, Additional Advocate General & Mr. J.S. Guleria & Ms. Priyanka Chauhan, Deputy Advocates General, for the respondents-State.
r Mr. Arun Kaushal, Advocate, for respondent No. 5.
CMP No. 3535 of 2023.
Allowed. The certain documents accompanying with the application are ordered to be taken on record. The application stands disposed of.
CWP No. 4527 of 20222. The instant petition has been filed for the grant of following reliefs:-
"(a) Respondents may be restrained from carrying out fresh tender process for the Government Water Body complex at Chamba till the representations of the petitioner is decided.
(b) The demand notices Annexure P-3 may be ordered to be quashed and set aside being illegal, arbitrary and unconstitutional ad violative of principles of natural justice and fair trade.
(c) To restrain the respondents from taking any coercive measures like cancellation of lease or demand notices till decision of this petition."::: Downloaded on - 06/04/2023 20:34:21 :::CIS
3. Record reveals that prior to filing of this petition, the .
petitioner had made a number of representations, some of which are annexed with the instant petition collectively as Annexure P-3. The same appeared to have not been decided till date.
4. In the peculiar facts and circumstances of the case, we are of the considered view that representations are decided r unless and until such keeping in view the Covid-19 pandemic as also the desilting of the Chamera Project and further taking into consideration the fact that earlier lessee had been permitted to carry out the water sports activities on day to day basis, as is evident from the documents accompanying with CMP No. 3535 of 2023, it may not be appropriate for this Court to pass any effective directions. Accordingly, we direct respondent No. 1 to consider and decide the representations, as preferred by the petitioner within three weeks from today.
5. Now to come up for compliance on 03.05.2023.
(Tarlok Singh Chauhan) Judge (Virender Singh) Judge.
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