Himachal Pradesh High Court
Puran Bhagat vs . Hrtc & Others on 18 May, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Puran Bhagat vs. HRTC & others CWP No.6905 of 2021 .
18.05.2022 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Ms. Shubh Mahajan, Advocate, for the respondents.
Rejoinder, as prayed for, be filed within four weeks.
( Mohammad Rafiq )
r Chief Justice
( Sandeep Sharma )
Judge
May 18, 2022
(vt)
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Uday Singh vs. State of H.P. & others CWP No.6868 of 2021 .
18.05.2022 Present: Mr. Sunil Chauhan, Advocate, for the petitioner.
Mr. Vikas Rathore, Additional Advocate General, for the respondents.
Reply, as prayed for, be filed within four weeks.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 18, 2022
(vt)
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Mohinder Chauhan vs. State of H.P. & others CWP No.6304 of 2021 .
18.05.2022 Present: Mr.Sahil Dixit, Advocate, for the petitioner.
Mr. Nand Lal Thakur, Additional Advocate General, for respondents No.1 to 3.
Mr. Naveen K. Bhardwaj, Advocate, for respondent No.4.
Learned Additional Advocate General submits that respondent No.1 shall adopt the reply filed by respondents No.2 and 3. His submission is taken on record.
Rejoinder, as prayed for, be filed within four weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Hira Nand Sharma vs. State of H.P. & others.
CWP No.2705 of 2021.
18.05.2022 Present: Mr. Shrawan Dogra, Senior Advocate, with Mr. Harsh Kalta, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for respondents No.1 to 3.
Mr. Nitin Thakur, Advocate, for respondents No.4 and 5 List after 15 days.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS State of H.P. & others vs. Parkash Chand CWP No.506 of 2021 .
18.05.2022 Present: Ms.Ritta Goswami, Additional Advocate General, for the petitioners.
Learned Additional Advocate General to take steps for the service of the respondent within one week. In the event of steps being taken, notice be issued to the respondent, returnable within four weeks thereafter.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Om Prakash vs. State of H.P. & others.
CWP No.7570 of 2021.
18.05.2022 Present: Mr. Rishi Tandon, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for the respondents.
Learned Additional Advocate General submits that she has filed the reply in the Registry. Registry is directed to trace and place the same on record. The petitioner, if so desires, may file rejoinder to the reply within two weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Om Prakash & others vs. The State of H.P. & others.
CWP No.8232 of 2021.
18.05.2022 Present: Mr. Viashwa Bhushan, Advocate, for the petitioners.
Ms.Ritta Goswami, Additional Advocate General, for respondents No.1 to 3.
Ms. Madhurika Sekhon, Advocate, for respondents No.4 and 5.
Learned Additional Advocate General shall provide copy of reply to learned counsel for respondents No.4 and 5 during the course of the day.
List on 26th May, 2022.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Vijay Kumar & others vs. State of H.P. & others CWPIL No.4 of 2022 .
18.05.2022 Present: Mr. Adarsh K. Vashista, Advocate for the petitioner.
Mr. Nand Lal Thakur, Additional Advocate General, for the respondents-State.
Mr. V.B. Verma, Advocate, for respondent No.3.
Mr. Raman Jamalta, Advocate vice Mr. Sunil Mohan Goel, Advocate, for respondent No.5.
Rejoinder, as prayed for, be filed within 10 days.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Court on its own motion vs. State of H.P. & others.
CWPIL No.10 of 2022.
18.05.2022 Present: Court on its own motion.
Mr. Vikas Rathore, Additional Advocate General, for the respondents.
Reply, as prayed for, be filed within two weeks.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 18, 2022
(vt)
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Anil Kumar & others vs. State of H.P. & others CWP No.66 of 2022 .
18.05.2022 Present: Mr. Surinder Saklani, Advocate for the petitioners.
Ms.Ritta Goswami, Additional Advocate General, for respondents No.1 and 2.
Mr. Sanjeev K. Motta, Advocate, for respondent No.3.
Reply, as prayed for by respondent No.3, be filed within two weeks. The petitioners, if so desire, may file rejoinder within two weeks thereafter.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Bank of India vs. Directorate of Industries and others CWP No.188 of 2022 .
18.05.2022 Present: Mr. Deepak Bhasin, Advocate, for the petitioner.
Mr. Nand Lal Thakur, Additional Advocate General, for respondents No.1 and 2.
Rejoinder, as prayed for, be filed within four weeks.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 18, 2022
(vt)
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Ram Singh vs. State of H.P. & another Ex. Pet. No.22 of 2022 .
18.05.2022 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr.Sudhir Bhatnagar, Additional Advocate General, for the respondents.
Reply/compliance affidavit, as prayed for, be filed within two weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Nime Ram & others vs. State of H.P. & others CWP No.3388 of 2019 .
18.05.2022 Present: Mr. Dibender Ghosh, Advocate, for the petitioners.
Mr.Vikas Rathore, Additional Advocate General, for respondents No.1, 2 and 5 to 7.
Mr.Rohit Chauhan, Advocate vice Mr. Arun Sehgal, Advocate, for respondents No.3 and 4.
Mr. Maan Singh, Advocate, for respondent No.9.
Learned Additional Advocate General submits that in compliance of this Court's order dated 5 th May, 2022, Deputy Commissioner, Kullu, has inspected collection site for Solid Waste Management Plant and that he is in the process of preparing the report and therefore reasonable time may be granted for filing the same.
List on 26th May, 2022.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS State of H.P. & another vs. Bihari Lal & another LPA No.55 of 2021 .
18.05.2022 Present: Ms.Ritta Goswami, Additional Advocate General, for the appellants.
Mr. Vivek Negi, Advocate vice Ms. Shweta Joolka, Advocate, for the respondents.
Learned counsel appearing for the respondents prays for and is granted four weeks' time to file response to the compliance report filed by the appellants.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 18, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS State of H.P. & others vs. Nishant Sharma & others LPA No.66 of 2022 .
18.05.2022 Present: Ms.Ritta Goswami, Additional Advocate General, for the appellants.
List on 19th May, 2022 alongwith LPA Nos.63/2022, 67/2022, Execution Petition Nos. 53/2022 and 54/2022.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 18, 2022
(vt)
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Sohan Lal vs. State of H.P. & others CMP No.5435 of 2022 in CWP No.372 of 2022 .
17.05.2022 Present: None for the petitioner.
Mr.Vikas Rathore, Additional Advocate General, for respondents No.1 to 3.
Mr.Balram Sharma, ASGI, for respondent No.4- applicant.
CMP No.5435 of 2022This application has been filed for marking the presence of learned Assistant Solicitor General of India for and on behalf of respondent No.4/applicant in the order dated 30.03.2022, passed in CWP No.372 of 2022. The application is allowed and presence of Mr.Balram Sharma, learned Assistant Solicitor General of India, on behalf of and for respondent No.4 be marked in the order dated 30.03.2022.
Registry to carry out necessary correction in the order.
Application stands disposed of.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge May 17, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS M/s Bobby Dadri & another vs. State of H.P. & others CWP No.3047 of 2022 .
17.05.2022 Present: Ms. Seema K. Guleria, Advocate, for the petitioners.
Mr.Ajay Vaidya, Senior Additional Advocate General, for the respondents.
CWP No.3047 of 2022 & CMP No.5868 of 2022 Issue notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, accepts notice on behalf of the respondents.
List on 24th May, 2022, alongwith connected matter, particulars whereof shall be furnished by the learned counsel for the petitioners within two days in the Registry. In the meantime, award of the work shall remain subject to the outcome of the writ petition.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 17, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Jagroop Singh vs. State of H.P & others CWP No.3040 of 2022 .
17.05.2022 Present: Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Additional Advocate General, for respondents No.1 to 3, 5 & 6.
Mr. Mandeep Chandel, Advocate, for respondent No.4.
CWP No.3040 of 2022 & CMP No.5859 of 2022 The contention of the learned counsel for the petitioner is that even though as per the stipulation contained in para 6 of the notice dated 31st March, 2021, issued by the Government of Himachal Pradesh, Food, Civil Supplies and Consumer Affairs Department, the Fair Price Shop Holders will retire at the age of 65 years but respondent No.6 has served notice upon the petitioner to retire him on 31 st May, 2022 when he would attain the age of 62 years and has also directed for selection of new Fair Price Shop Holder.
Learned counsel for the petitioner has invited attention of this Court towards interim direction passed by a coordinate Bench of this Court in CWP No.8114 of 2021, whereby the operation of impugned notice has been stayed.
Issue notice. Mr. Sudhir Bhatnagar, learned Additional Advocate General and Mr. Mandeep Chandel, learned counsel, accept notice on behalf of respondents No.1 to 3, 5 & 6 and respondent No.4, respectively. Notice be issued to respondent No.7, returnable within four weeks on taking steps within one week.
::: Downloaded on - 18/05/2022 20:09:35 :::CISList alongwith CWP No.8114 of 2021. In the meantime, .
operation of impugned notice dated 31st March, 2021 (Annexure P-1) shall remain stayed.
( Mohammad Rafiq )
Chief Justice
May 17, 2022
to ( Sandeep Sharma )
Judge
(vt)
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Reena Kumari vs .State of H.P. & others CWP No.3034 of 2022 .
17.05.2022 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Additional Advocate General, for the respondents.
CWP No.3034 of 2022 & CMP No.5841 of 2022 Issue notice. Mr. Sudhir Bhatnagar, learned Additional Advocate General, accepts notice on behalf of the respondents. Reply, as prayed for be filed within three weeks.
In the meanwhile, change of nature of appointment of the petitioner shall remain outcome of the writ petition and the petitioner shall be allowed to continue on the same wages as were being paid to him earlier.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 17, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Vijay Kumar vs. State of H.P & others CWP No.1075 of 2019 .
17.05.2022 Present: Mr. Vivek Negi, Advocate vice Mr. Sunil Kumar, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for the respondents.
Learned Additional Advocate General submits that out of total 8 teachers in the school, presently one Principal and 4 Lecturers are posted. One post of TGT (Political Science) became vacant due to the retirement of incumbent on 31 st March, 2022 and that apart, one post of TGT (Medical) became vacant on transfer of incumbent on 28th February, 2022. It is contended that the respondents are making endeavour to fill up the vacant posts.
List after four weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 17, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Dr. Padam Negi vs. Sh. Amitabh Avasthi COPC No.31of 2022 .
17.05.2022 Present: Mr. Shrawan Dogra, Senior Advocate with Mr. Sanjeev K. Suri, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondent.
Mr. Ajay Vaidya, learned Senior Additional Advocate General, submits that the respondent may be granted a reasonable time to take a decision on the request of the petitioner for resignation after affording an opportunity of hearing to him. For this purpose the petitioner may appear before the Secretary(Health) to the Government of Himachal Pradesh on 20.05.2022 at 11.00 AM. In the meantime, the respondent may not proceed on the charge- sheet till the decision is taken.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 17, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Sunena Sharma & ors. vs. State of H.P. & ors.
CWP No.2860 of 2022.
09.05.2022 Present: Mr.Vinod Thakur, Advocate, for the petitioners.
Mr. Nand Lal Thakur, Additional Advocate General, for the respondents.
CMP No.5464 of 2022The applicants/petitioners to file translated/typed copies of Annexure P-5, which is in vernacular, by the next date of hearing. The application is disposed of accordingly.
CWP No.2860 of 2022 & CMP No.5463 of 2022 Notice. Mr. Nand Lal Thakur, learned Additional Advocate General, accepts notice on behalf of the respondents. He seeks and is granted two weeks' time to file reply.
List on 25th May, 2022.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 09, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Rajni vs. State of H.P. & others CWP No.2854 of 2022 .
09.05.2022 Present: None for the petitioner.
Mr. Nand Lal Thakur, Additional Advocate General, for the respondents.
List on 27th May, 2022.
( Mohammad Rafiq )
Chief Justice
r ( Sandeep Sharma )
Judge
May 09, 2022
(vt)
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Khim Ram vs. State of H.P. & others CWP No.2419 of 2022 .
05.05.2022 Present: Mr. Jagat Pal, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for the respondents.
Reply, as prayed for, be filed within one week. List on 17th May, 2022.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Sunny Kumar vs. State of H.P. & others CWP No.2437 of 2022 .
05.05.2022 Present: Mr.Goldy Kumar, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for the respondents.
Reply, as prayed for, be filed within three weeks.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 05, 2022
(vt)
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Jai Parkash & others vs. State of H.P. & others CWP No.1016 of 2022 .
05.05.2022 Present: Ms.Ranjana Pathania, Advocate vice Ms. Archna Dutt, Advocate, for the petitioners.
Ms.Ritta Goswami, Additional Advocate General, for the respondents.
Reply, as prayed for, be filed within four weeks.
r to ( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 05, 2022
(vt)
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Satdev Sharma and others vs. State of H.P. & others CWP No.945 of 2022 .
05.05.2022 Present: Mr.Bhuvnesh Sharma, Advocate, for the petitioners.
Mr.Sudhir Bhatnagar, Additional Advocate General, for respondents No.1 and 2.
Mr.K.D. Shreedhar, Senior Advocate with Mr. Shaurav Ahluwalia, Advocate, for respondent No.3.
Reply, as prayed for, be filed within six weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Suresh Kumar vs. UOI and others CWP No.744 of 2022 .
05.05.2022 Present: Mr.Sanjeev Bhushan, Senior Advocate with Mr.Neel Kamal Sharma, Advocate, for the petitioner.
Mr.Balram Sharma, ASGI, for respondent No.1 Mr.Nitin Thakur, Advocate, for respondents No.2 to 5.
Mr.Manish, Advocate, for respondent No.6.
Admit.
r to
( Mohammad Rafiq )
Chief Justice
( Sandeep Sharma )
Judge
May 05, 2022
(vt)
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Dinesh Kumar vs. State of H.P. & others CWP No.8326 of 2021 .
05.05.2022 Present: Mr. Dheeraj Kanwar, Advocate, for the petitioner.
Mr.Sudhir Bhatnagar, Additional Advocate General, for respondent No.1.
Ms.Reeta Thakur, Advocate, for respondent No.2.
Reply, as prayed for, be filed within four weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Sher Singh vs. Financial Commissioner & others CMP(M) No.98 of 2017 .
05.05.2022 Present: Ms.Sunita Sharma, Senior Advocate with Mr. Bhonit Parkash, Advocate, for the applicant/appellant. Ms.Ritta Goswami, Additional Advocate General, for respondent No.1.
CMP No.4872 of 2022This Court vide order dated 16.05.2017, had directed the appellant/applicant to positively take steps for service of unserved respondents within one week, failing which, the application shall automatically stand dismissed for non-prosecution without any further reference to this Court.
Office has taken the application to be dismissed for non-
prosecution on 27.12.2017 in purported compliance of the order dated 16.05.2017.
As per the learned Senior Counsel appearing for the appellant/applicant, the process fee for the service of respondents No.2 and 3, who are the unserved respondents, was filed in the Registry on 15.05.2017 and as on the day the order dated 16.05.2017 was passed the compliance was already made.
In that view of the matter, the application is allowed and the order dated 27.12.2017, dismissing the application for non-
prosecution, is recalled and the application is ordered to be restored to its original number.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Kishori Lal & others vs. State of H.P. & others CMP No.4821 of 2022 in CWP No.8915 of 2011 .
05.05.2022 Present: Mr. Bonit Parkash Advocate vice Mr. A.K. Gupta, Advocate, for the applicants/petitioners.
Ms.Ritta Goswami, Additional Advocate General, for the respondents/non-applicants.
CMP No.4821 of 2022The application under Section 151 of the Code of Civil Procedure has been filed for correction in the memo of parties of CWP No.8915 of 2011 decided, vide judgment dated 15.10.2011. Apart from the fact that the cause title in a decided case may not be allowed to be corrected, the application has been filed after more than a decade of the disposal of the writ petition, therefore, the application cannot be allowed and the same is accordingly dismissed.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Kirpa Ram vs. State of H.P. & others Ex. Pet. No.135 of 2022 .
05.05.2022 Present: Mr. Vijay Kumar, Advocate, for the petitioner.
Ms.Ritta Goswami, Additional Advocate General, for the respondents Notice. Ms.Ritta Goswami, learned Additional Advocate General, accepts notice on behalf of the respondents. She prays for and is granted three weeks' time to file compliance affidavit.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS Kashmir Singh vs. HRTC & others Ex. Pet. No.132 of 2021 .
05.05.2022 Present: Mr. Varun Chandel, Advocate, for the petitioner.
Mr. Shyam Singh Chauhan, Advocate, for the respondents.
Compliance report be filed within a period of three weeks.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS M/s Datar Security Service Group vs. State of H.P. & others.
CMP NO.3346 of 2022 in CWP No.560 of 2022 .
05.05.2022 Present: Mr.Hamender Singh Chandel, Advocate, for the non-
applicant/petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for the applicants/respondents.
CMP No.3346 of 2022Learned counsel for the petitioner submits that in compliance of the order dated 24.02.2022, final decision on the tender dated 02.02.2021 has already been taken by the respondents and that no more compliance is required to be made in the matter.
In view of the above, the application stands disposed of.
( Mohammad Rafiq ) Chief Justice ( Sandeep Sharma ) Judge May 05, 2022 (vt) ::: Downloaded on - 18/05/2022 20:09:35 :::CIS