Himachal Pradesh High Court
Unknown vs Nhai & Ors on 29 April, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
Karam Dass v. Ram Subhag Singh and Ors.
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CMP No. 5684 of 2019 in COPC No. 75 of 2018 25.4.2024 Present: Mr. Dushyant Dadwal, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Since applicant has expired, Mr. Ajay Kumar, Advocate prays for and is granted four weeks' time to file appropriate application for bringing on record the LRs, if any, of the deceased applicant.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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IFFCO Tokio General Insurance Co. Ltd. v. Reena Devi and Ors.
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FAO No. 269 of 202325.4.2024 Present: Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. Karan Singh Kanwar, Advocate, for respondents No. 1 to 5.
Mr. Ashok Tyagi, Advocate, for respondents No.6 and 7.
Mr. Aditya Thakur, Advocate, for respondent No.8
(i) to 8 (iii).
Mr. Karan Singh Kanwar, Mr. Ashok Tyagi and Mr. Aditya Thakur, Advocates, have filed power of attorney on behalf of respondents No. 1 to 5, respondents No. 6 & 7 and respondent No.8 (i) to 8 (iii), respectively.
Since appeal stands admitted and parties are duly represented, list this matter for hearing in due course. In the meantime, records be called for.
April 25, 2024 (Sandeep Sharma), Judge manjit ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Rajesh Kumar v. United India Insurance Co. Ltd.
.
FAO No. 275 of 202325.4.2024 Present: Mr. G.R. Palsra, Advocate, for the appellants.
Ms. Rajvinder Sandhu, Advocate, for respondent No.1.
Mr. H.S. Rangra, Advocate, for respondent No.2.
CMP No. 16148 of 2023Further two weeks' time is granted to the non-
applicants/respondents to file reply, failing which right to file the same shall stand closed.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Sheetla Mata Mandir Prabandhak Committee and Ors v. Shyam Lal .
CMP.M No. 1875 of 202325.4.2024 Present: Mr. Ajeet Pal Singh Jaswal, Advocate, for the applicants/appellants.
Mr. Ajay Chandel, Advocate, for the non- applicant/respondent.
CMP.M No. 1875 of 2023By way of instant application filed under Section 5 of the Limitation Act, prayer has been made by the applicants/appellants for condonation of delay in filing the accompanying appeal, which is barred by limitation.
Pursuant to notices issued in the instant proceedings, Mr. Ajay Chandel, Advocate, has put in appearance on behalf of the non-applicant/respondent. He states that delay in maintaining the appeal has not been explained properly and since no plausible explanation has been rendered on record qua the inordinate delay in maintaining the appeal, present application deserves to be dismissed, however having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicants and as such, same deserves to be condoned.
Accordingly, for the reasons stated in the application, delay in filing the appeal, which in my considered ::: Downloaded on - 01/05/2024 20:31:30 :::CIS view, has sufficiently been explained, is condoned. The .
application stands disposed of.
Appeal be registered.
FAO No. of 2024 Admitted on following substantial questions of law:
"1. Has not Commissioner under Employee's Compensation Act ignored from consideration the mandate of Section 10 of the Employee's Compensation Act 1923 and also the law laid down by the Apex Court to hold the petition for compensation to be within time by misinterpreting, misapplying and misreading provisions of Section 10 of Employee's Compensation Act 1923?
2. Whether the Commissioner under Employee's Compensation Act, misread, mis-appreciated and misconstrued the provisions of law, pleadings and evidence adduced on record, as a result of which, findings came to be vitiated?
Mr. Ajay Chandel, Advocate, waives post admission notice on behalf of the respondent.
List for final hearing on 25.6.2024 alongwith FAO No. 79 of 2023.
CMP No. of 2024 (CMPST/40308/23) Award amount stands deposited with the learned Commissioner. In view of the above, execution and operation of impugned award dated 13.1.2023, passed by the learned Commissioner under Workmen's Compensation Act, Court No.1, Sundernagar, District Mandi, in WC Act No. No. 7- II/2014, shall remain stayed. Registry is directed to ensure that award amount is transferred to the Registry of this Court from the Court below and is invested in the FDRs. Alteration, modification and vacation on motion. Application is disposed of.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Secretary Ministry of Defence and Anr. v. Naresh Kumar .CMP.M No. 1898 of 2023
25.4.2024 Present: Mr. Balram Sharma, Deputy Solicitor General of India, for the applicants/appellants.
Mr. Hardeep Verma, Advocate, for non- applicants/respondents No. 1 to 3. Mr. H.S. Upadhyay, Advocate, for non- applicant/respondent No.4.CMP No. 20054 of 2023
For the reasons stated in the application, same is allowed and delay in re-filing the appeal after removal of the objections, is condoned. The application is disposed of.CMP.M No. 1898 of 2023
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made by the applicants/appellants for condonation of delay in filing the accompanying appeal, which is barred by limitation.
Pursuant to notices issued in the instant proceedings, Mr. Hardeep Verma and Mr. H.S. Upadhyay, Advocates, have put in appearance on behalf of non-
applicant/respondents No. 1 to 3 and non-applicant/ respondent No.4, respectively. They state that delay in maintaining the appeal has not been explained properly and since no plausible explanation has been rendered on record qua the inordinate delay in maintaining the appeal, present application deserves to be dismissed, however having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in ::: Downloaded on - 01/05/2024 20:31:30 :::CIS maintaining the accompanying appeal is neither intentional nor .
willful, rather same has occurred on account of lengthy administrative process and as such, same deserves to be condoned.
Accordingly, for the reasons stated in the application, delay in filing the appeal, which in my considered view, has sufficiently been explained, is condoned. The application stands disposed of.
r Appeal be registered.
FAO No. of 2024
Admit. Mr. Hardeep Verma and Mr. H.S.
Upadhyay, Advocates, waive post admission notices on behalf of respondents No. 1 to 3 and respondent No.4, respectively. They pray for and are granted four weeks' time to file power of attorney. Record be called for. List in due course.
CMP No. of 2024 Since it is not in dispute that entire award amount stands deposited in the executing court, execution/ implementation of award passed by the learned Motor Accident Claims Tribunal below in Claim Petition No. 90036 of 2018, titled Naresh Kumar Bansal and Ors. v. Secretary, Ministry of Defence and Ors., shall remain stayed. Registry is directed to ensure that award amount is transferred to the Registry of this Court from the Court below and is invested in the FDRs.
Alteration, modification and vacation on motion. Application is disposed of.
[
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Kailash Chand v. R.D. Dhiman and Anr.
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CMP No. 19650 of 2023 in COPC No. 245 of 2021 25.4.2024 Present: Mr. Ashwani Gupta, Advocate, for the applicant/appellant.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the non- applicants/respondents/State.
granted two
r weeks' to
Learned counsel for the petitioner prays for and is time to place on record copy of order/judgment alleged to have been violated. List thereafter.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Manjeet Kumar v. Anil Patiala and Ors.
.FAO No. 23 of 2024
25.4.2024 Present: Mr. Mukul Sood, Advocate, for the appellant.
Mr. Gurinder Singh, Advocate, for respondent No.1.
Mr. Jagdish Thakur, Advocate, for respondent No.2.
Mr. Jagdish Thakur, Advocate, has filed power of attorney on behalf of respondent No.2.
Since appeal stands admitted and parties are duly represented, list this matter for hearing in due course. In the meantime, records be called for.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Het Ram v. Bhim Chand and Ors
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CMP.M No. 337 of 2024
25.4.2024 Present: Mr. Munish Datwalia and Mr. Ram Kumar Dhiman,
Advocates, for the applicant/appellant.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made by the applicant/appellant for condonation of delay in filing the accompanying appeal, which is barred by limitation.
Having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant and as such, same deserves to be condoned.
Accordingly, for the reasons stated in the application, delay in filing the appeal, which in my considered view, has sufficiently been explained, is condoned. The application stands disposed of.
Appeal be registered.
FAO No. of 2024
Admit. Issue post admission notices, returnable
within four weeks, on taking steps within one week.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Kewal Ram v. State of Himachal Pradesh .CWP No. 8738 of 2013
25.4.2024 Present: Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.CMP No. 4764 of 2024
For the reasons stated in the application, same is allowed. Application stands disposed of.CWP No. 8738 of 2013
List for hearing on 10.7.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Nirmala Devi v. State of Himachal Pradesh and Ors.
.CWP No. 2139 of 2020
25.4.2024 Present: Mr. Sanjay Bhardwaj, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Mr. Somesh Sharma, Advocate, for respondent No.4.CMP No. 4874 of 2024
For the reasons stated in the application, same is allowed. Application stands disposed of.CWP No. 2139 of 2020
List for hearing on 10.6.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Inder Chand Soni v. National Hydroelectric Power Cooperation Ltd and Ors .CWP No. 2965 of 2018
25.4.2024 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioner.
Ms. Shreya Chauhan, Advocate, for respondents No. 1 and 2.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
On the request of learned counsel appearing for respondents No.1 and 2, list on 12.6.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Kahan Singh v. Union of India and Ors .
CWP No. 3190 of 2020 a/w CWP Nos. 3192, 3193 & 3194 of 2020, CWP No. 2667 of 2021 and CWP No. 6466 of 2022 25.4.2024 Present: Mr. Deepak Kaushal, Senior Advocate with Mr. Abhishek Verma, Advocate, for the petitioner(s).
Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.1.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
As prayed, list on 1.5.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Pitamber Dutt Verma v. State of Himachal Pradesh and Ors.
.CWP No. 3742 of 2021
25.4.2024 Present: Mr. V.S. Chauhan, Senior Advocate with Mr. Pranshul Sharma, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.5.
Learned Additional Advocate General to have instructions as to what steps stand taken by the department in terms of mandate contained in the judgment passed by the Hon'ble Apex Court in Rajneesh Kumar Pandey and Ors v.
Union of India and Ors (2021) 17 SCC 1, whereby directions have been issued to appoint Special Educator for imparting education to the specially abled children.
Needful in terms of the instant order may be done by the learned Additional Advocate General well before the next date of hearing.
List on 8.5.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Vijay v. State of Himachal Pradesh and Ors.
.CWP No. 7771 of 2021
25.4.2024 Present: Ms. Shristi Chauhan, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Mr. Nitin Thakur, Advocate, for respondent No.2.
Mr. Subhash Sharma, Advocate, for respondent No.3.
Mr. Vinod Chauhan, Advocate, for respondent No.4.
Mr. Dhananjay Sharma, Advocate, for respondent No.5.
Mr. Ajay Singh Kashyap, Advocate, for respondent No.6.
Reply on behalf of respondents No. 2 and 6 is on record. Rejoinder to the same be filed within four weeks. In the meantime, such of those respondents, who have not filed reply, may also file reply, failing which right to file the same shall stand closed.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Neeraj Chandel and Anr. v. State of Himachal Pradesh and Ors.
.CWP No. 3497 of 2022
25.4.2024 Present: Mr. Naresh K. Sharma, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Mr. Vinod Chauhan, Advocate, for respondent No.3.
Though in terms of order dated 26.3.2024, learned Additional Advocate General has placed on record communication dated 6.4.2024, issued under the signature of Director, Sainik Welfare Himachal Pradesh at Hamirpur, but perusal whereof nowhere suggests that inquiry put forth by this Court vide communication dated 26.3.2024, has been answered in the same.
In view of the above, let respondent No.3 file fresh supplementary affidavit, explaining therein procedure adopted to fill up the post in question.
List on 27.5.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Rajeev Kumar Kaundal v. State of Himachal Pradesh and Ors.
.CWP No. 4526 of 2022
25.4.2024 Present: Mr. Rajesh K. Parmar Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.5.
Mr. Ishan Kashyap, Advocate, for respondent No.6.
Mr. Shrawan Dogra, Senior Advocate with Mr. Manish Sharma, Advocate, for respondent No.7.
Mr. Sunil Mohan Goel, Advocate, for respondent No.9.
Mr. Anirudh Sharma, Advocate, for respondent No.10.CWP No. 5335 of 2024
For the reasons stated in the application, same is allowed. Application stands disposed of.CWP No. 4526 of 2022
List on 24.5.2024, on or before which date, pleadings, if not already completed, be also completed, failing which this Court shall be constrained to decide the petition on the basis of material already available on record.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Master Naman Kumar and Anr. v. State of Himachal Pradesh and Ors.
.CWP No. 6153 of 2022
25.4.2024 Present: Ms. Anita, Advocate vice Ms. Anu Tuli, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
As prayed, lsit after four weeks.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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RAvinder Kumar v. Officer in Charge and Ors .CWP No. 6260 of 2022
25.4.2024 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Ashok Sood, Senior Advocate with Mr. Abhishek Banta, Advocate, for respondent No.1 Mr. Basant Pal Thakur, Advocate, for respondents No.3 and 4.
As prayed, list after four weeks.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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M/s Power Chem Plast Ltd. v. State of Himachal Pradesh and Ors.
.CWP No. 8154 of 2022
25.4.2024 Present: Mr. Rakesh Gupta and Ms. Sangeeta Vasudeva, Advocates, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for the State. Mr. Mehar Chand, Advocate, for respondents No. 2 and 3.
Mr. N.K. Sood, Senior Advocate with Mr. Aman Sood, Advocate, for respondents No. 4 and 5.
Since pleadings are complete and parties are duly represented, now let this matter be listed for hearing on 25.6.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Amit Malhotra v. Meena Malhotra .COPC No. 42 of 2023
25.4.2024 Present: Mr. Kulwant Singh Gill, Advocate, for the petitioner.
Ms. Parul Negi, Advocate, for the respondent.
Rejoinder to the reply filed by the respondent is stated to have been filed, but same is not on record. Registry to trace and place the same on record, if in order.
List on 17.5.2024.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Shyam Lal Sharma v. Ramesh Kumar .FAO No. 61 of 2023
25.4.2024 Present: Mr. Praveen Chauhan, Advocate vice Mr. Y.P. Sood, Advocate, for the appellant.
Mr. Rajeev Sood, Advocate, for the respondents.
Though record, in terms of order dated 15.3.2024, stands received. On the request of learned counsel for the appellant, list after four weeks.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Tata AIG General Insurance v. Sh. Hemant Kumar .FAO No. 321 of 2023
25.4.2024 Present: Mr. Jagdish Thakur, Advocate, for the appellant.
Mr. Rakesh Kumar, Advocate vice Mr. Arun Kaushal, Advocate, for the respondents.
Admit. Records be called for.
Since appeal stands admitted and parties are duly April 25, 2024 r to represented, now let this matter be listed for hearing on 21.6.2024.
(Sandeep Sharma),
manjit Judge
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Balwant Singh and Ors. v. State of Himachal Pradesh and Ors.
.CWP No. 1667 of 2024
25.4.2024 Present: Ms. Divya Rajta, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for respondents No. 1 and 2.
Ms. Shreya Chauhan, Advocate, for respondent No.3.
Mr. Rajiv Rai, Advocate, for respondent No.4.
Reply be filed within four weeks. List thereafter.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Yakoob v. State of Himachal Pradesh and Ors.
.CWP No. 780 of 2024
25.4.2024 Present: Ms. Narvada Kashyap, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Despite service, there is no representation on behalf of respondent No.5, hence, he is proceeded ex-parte.
Learned Additional Advocate General prays for and is granted further four weeks' time to file reply, failing which right to file the same shall stand closed.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Hari Mohan Prashar v. State of Himachal Pradesh and Ors.
.CWP No. 167 of 2024
25.4.2024 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Notices issued to respondents No. 4 to 7 are awaited. Be awaited for another three weeks.
Reply on behalf of respondents No.1 to 3 is on record. Rejoinder to the same be filed within three weeks.
In the meantime, interim order to continue.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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M/s Himland Real Estates Private Ltd. v. State of Himachal Pradesh and Ors.
.CWP No. 2659 of 2022
25.4.2024 Present: Mr. Sanjay Bhardwaj, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
List on 10.5.2024, as prayed for.
April 25, 2024
r (Sandeep Sharma),
manjit Judge
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Krishan Sinh and Ors. v. State of Himachal Pradesh and Ors.
.CWP No. 166 of 2024
25.4.2024 Present: Mr. Tarun Sharma, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the State.
Learned counsel for the petitioners undertakes to take steps for the service of respondents No. 6 (a) to 6 (g) within one week, enabling the Registry to issue notices returnable within four weeks thereafter, failing which, this court shall be constrained to dismiss the case for want of prosecution.
Reply on behalf of respondents No.1 to 5 is on record. Rejoinder to the same be filed within the aforesaid period.
April 25, 2024 (Sandeep Sharma), Judge manjit ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Oriental Insurance Company Ltd. v. Leela Devi and Ors.
.FAO No. 13 of 2024
25.4.2024 Present: Dr. Lalit Kumar Sharma, Advocate, for the appellant.
Ms. Aanchal Singh, Advocate, for respondents No.1 to 5.
Mr. Vikas Rathore, Advocate, for respondent No.6.
Admit.
Ms. r Aanchal Singh and Mr. Vikas Rathore, Advocates, waive post admission notices on behalf of respondents No.1 to 5 and respondent No.6, respectively.
Power of attorney be filed within three weeks.
Records be called for.
April 25, 2024 (Sandeep Sharma),
manjit Judge
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Bhupender Sharma & Ors. Vs. NHAI & Ors.
.CWP No. 6202/2023
29.04.2024 Present: Mr. Sanjeev Bhushan, Senior Advocate, along with Mr. Rajesh kumar, Advocate, for the petitioner.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents No.1 and 3/State.
Respondent No.2 ex parte.
Having perused the reply filed by the respondent No.3, this Court finds it necessary to go through the record. As such, respondent No.3 is directed to produce the record with regard to admission and examination of the petitioner on the next date of hearing.
List on 24.05.2024.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Bhupender Sharma & Ors. Vs. NHAI & Ors.
.CWP No.6202 of 2023
29.04.2024 Present: Mr. Ashok Kumar, Advocate, for the petitioners.
Ms. Shreya Chauhan, Advocate, for respondents No.1 & 2.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents No.3 to 7/State.
Reply on behalf of respondents No.1 to 4 is on record. Reply, if any, on behalf of respondents No.5 to 7 be filed on the next date of hearing.
List on 15.05.2024 along with CWP No.6200/2023.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Sumitra Devi vs. State of H.P. & Another .CWP No.8660 of 2023
29.04.2024 Present: Mr. C.D. Negi, Advocate, for the petitioner.
Mr. Prashant Sharma, Advocate, for the respondent No.1.
Mr. Yashveer Singh Rathore, Advocate, for the respondent No.2.
Last opportunity of four weeks, as prayed for, is granted to the respondents to file reply, failing which, right to file the same shall stand closed and on the next date of hearing, both the respondents shall remain present in Court.
List on 15.06.2024.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Dina Nath Vs. State of H.P. & Others .CWP No.8871 of 2023
29.04.2024 Present: Mr. Naresh K. Sharma, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents No.1 to 4/State.
r to
Mr. Amar Parth
respondent No.5.
Sharma, Advocate,
Since learned Senior Counsel representing the for the petitioners have to leave the Court abruptly, on account of personal difficulty. Prayer has been made for an adjournment.
Prayer as made, is allowed.
List for 22.05.2024.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Dina Nath Vs. State of H.P. & Others .CWP No.8869 of 2023
29.04.2024 Present: Mr. Naresh K. Sharma, Advocate, for the petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents No.1 to 4/State.
r to
Mr. Amar Parth
respondent No.5.
Sharma, Advocate,
Since learned Senior Counsel representing the for the petitioners have to leave the Court abruptly, on account of personal difficulty. Prayer has been made for an adjournment.
Prayer as made, is allowed.
List for 22.05.2024.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Raj Kumar & Others Vs. State of H.P. & Others .
CWP No.202 of 2023 with CWP No.3022 of 2023 29.04.2024 Present: Mr. Mukesh Sharma, Advocate, for the petitioner(s).
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/State.
r to Mr. Balwant Singh, Advocate vice Mr. Dalip K. Sharma, Advocate and Mr. Nand Lal Chauhan, Advocates, for the respective respondents in CWP No.202 of 2023.
Mr. Surinder Saklani, Advocate, for the respondent No.6 in CWP No.3022 of 2023.
Mr. Tejinder Singh, Advocate, for respondent Nos.13 to 15 in CWP No.3022 of 2023.
Mr. Kunal Thakur, Advocate, for the respondent No.8.
List next week, as prayed for.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Champa Devi Vs. State of H.P. and Anr.
.
CWP No.9043 of 2023 along with CWP No.9032 and 9035 of 2023 29.04.2024 Present: Mr. Suneet Goel and Mr. Vishwas Kaushal, Advocates, for the petitioner(s).
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/State.
CMP No.5136/2024 in CWP No.9043 of 2023.
By way of instant application, prayer has been made on behalf of the respondent for modification of the order dated 20.11.2023, whereby this Court while granting time to the respondents to file reply, ordered that during pendency of the petition, the respondents may go on with the process of counseling, but appointments will not be offered, without the leave of the Court.
It is averred in the application that the final result has been prepared and applicants-respondents/State have permitted to declare the same, so that qualified candidates are given appointment.
Ld. Counsel representing non-applicant petitioner while referring to order dated 20.11.2023, stated that there is no requirement of modification, because bare perusal of aforesaid order nowhere restrained the respondent department for declaring the result. He submits that respondents/State though can declare the result, but appointment cannot be made without the leave of the Court.::: Downloaded on - 01/05/2024 20:31:30 :::CIS
At this stage, learned Advocate General .
representing respondents/State that result qua 1076 posts of JBT is withheld on account of aforesaid order, whereas, through the petition at hand, only 29 candidates have approached this Court and as such, applicants/respondents/State may be permitted to declare the result.
Having perused order dated 20.11.2023 though this Court finds that there is no need to modify the order dated 20.11.2023, because at no point of time this Court restrained respondents from declaring the result but having taken of the fact that only 29 petitioners have approached this Court in the instant petition, coupled with the fact that result of 1076 posts are to be declared, this Court deems it fit to modify the order dated 20.11.2023 to the extent that applicant/State shall be permitted to declare the result of 1076 posts and thereafter can also offer appointment letter to successful candidates, but after keeping 29 posts vacant till further orders.
Order accordingly.
CWP Nos.9043, 9032 and 9035 of 2023 Learned counsel for the petitioner prays for and is granted three weeks' time to file rejoinder.
List on 20.06.2024.
April 29, 2024 (Sandeep Sharma),
Shamsh Tabrez Judge
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Bhanu Priya & Another Vs. Bar Council of Himachal Pradesh & Others .CWP No.3500 of 2024
29.04.2024 Present: Mr.Suneet Goel and Mr. Vishwas Kaushal, Advocates, for the petitioner(s).
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/State.
CMP No.5136/2024 in CWP No.9043 of 2023.
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April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Vipin Vs. APG University .CWP No. 2800 of 2020
29.04.2024 Present: Mr. Vishal Bindra, Advocate, for petitioner.
Ms. Yamini, Advocate vice counsel for respondent No. 1.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No. 2/State.
counsel for the parties.
r to List on 30.05.2024, as prayed for by learned .
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS Rajinder Kumar Vs. Vijay Kumar and Ors. a/w connected matter .
FAO (MVA) No. 64 of 2022 a/w FAO (MVA) No. 45 of 2022 FAO (MVA) No. 64 of 2022 29.04.2024 Present: Mr. Ramakant Sharma, Advocate, for the appellant.
Ms. Neelam Kaplas, Legal Aid Counsel, for respondent Nos. 1 to 3.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No. 4.
Ms. Devyani Sharma, Sr. Advocate with Ms. r Basant Pal Thakur, Advocate, for respondent No. 5. FAO (MVA) No. 45 of 2022 Mr. Ishan Sharma, Advocate, for the appellant. Mr. Ajay Sharma, Sr. Advocate with Mr. Atharv Sharma, Advocate, for respondents No. 1 to 4.
Mr. Manohar Lal Sharma, Advocate, for respondent No. 5.
Mr. Vinay Sharma, Advocate, for respondent No. 6. FAO (MVA) No. 64 of 2022 & FAO (MVA) No. 45 of 2022 List on 11.6.2024, as prayed for.
April 29, 2024 (Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS M/s Sandhar Technologies Limited Vs. State of H.P. and Ors.
.CWP No. 4045 of 2023
29.04.2024 Present: Mr. Sunil Mohal Goel, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. B.C. Verma, Additional Advocate General and Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/State.
April 29, 2024
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List on 21.05.2024, as prayed for.
(Sandeep Sharma), Rajeev Raturi/Shamsh Tabrez Judge ::: Downloaded on - 01/05/2024 20:31:30 :::CIS .::: Downloaded on - 01/05/2024 20:31:30 :::CIS
Tejinder Singh Vs. Dr. Yaswant Singh Parmar University of Horticulture and Forestry Nauni, Solan & Anr.
.CWP No. 2166 of 2021
29.04.2024 Present: Mr. Sanjay Bhardwaj, Advocate, for the Petitioner.
Ms. Farhana Khan, Advocate, for the respondent.CMP No. 4758 of 2024
For the reasons stated in the application, the same is allowed. The application stand disposed of.r CWP No. 2166 of 2021
List for final hearing on 25th June, 2024.
April 29, 2024 (Sandeep Sharma),
Shamsh Tabrez Judge
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CWP No. 2366 of 2019
29.04.2024 Present: Mr. J.L Bhardwaj, Senior Advocate, with Mr.
Sanjay Bhardwaj, Advocate, for petitioners.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-state.
r to CMP No. 4784 of 2024 For the reasons stated in the application, the same is allowed. The application stands disposed of.CWP No. 2366 of 2019
List for final hearing on 25th June, 2024.
April 29, 2024 (Sandeep Sharma),
Shamsh Tabrez Judge
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