Harish Kumar Son Of Shri Mahesh vs State Of Himachal on 11 November, 2021

[Cites 1, Cited by 5]

Himachal Pradesh High Court

Harish Kumar Son Of Shri Mahesh vs State Of Himachal on 11 November, 2021

Bench: Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 11TH DAY OF NOVEMBER 2021 BEFORE .

HON'BLE MR. JUSTICE SANDEEP SHARMA CIVIL WRIT PETITION (ORIGINAL APPLICATION) NOS. 4619, 4749, 4767, 4841, 4946 AND 4970 OF 2020 Between:-

1. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4619 OF 2020

1. HARISH KUMAR SON OF SHRI MAHESH KUMAR, RESIDENT OF VILLAGE GADDLA, PO ALATHU, TEHSIL SADAR, DISTRICT MANDI, HP

2. AJAY KUMAR SON OF SHRI MILAP CHAND, RESIDENT OF VILLAGE & PO UHAL, TEHSIL TAUNI DEVI, DISTRICT HAMIRPUR, HP

3. RANJEET SINGH SON OF SHRI DANDU RAM, RESIDENT OF VILLAGE KOHTA, PO BADEHAR, TEHSIL BHORANJ, DISTRICT HAMIRPUR, HIMACHAL PRADESH

4. ABHISHEK SINGH RANA SON OF SHRI RAJENDER SINGH RANA, RESIDENT OF VILLAGE SADAL, PO RAIPUR, TEHSIL BHATTIYAT, DISTRICT CHAMBA, HP

5. RAJEEV KUMAR SON OF SHRI KRISHAN DYAL, RESIDENT OF BARWAR, PO BEHNA JATTAN, TEHSIL JHANDUTTA, DISTRICT BILASPUR, HP

6. ARVIND RANA SON OF SHRI JAI CHAND RANA, RESIDENT OF VILLAGE KOHLAN, P.O. GOLA, SUB-TEHSIL SIHUNTA, DISTRICT CHAMBA, H.P.

7. DINESH KUMAR SON OF SHRI DAMODAR SINGH, RESIDENT OF VILLAGE KHIURI, P.O. RAJGARH, TEHSIL BALH, DISTRICT MANDI, H.P.

8. DEEPAK KUMAR SON OF SHRI JOGINDER PAL, RESIDENT OF VILLAGE MANGHED ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 2 (BATAHI) P.O. PATRIGHAT, TEHSIL BALDWARA, DISTRICT MANDI, H.P.

9. RAHUL KUMAR SON OF SHRI RAJ KUMAR, RESIDENT OF VILLAGE AND P.O. SHAMIRPUR, TEHSIL & DISTRICT KANGRA, H.P. .

10. SURESH SON OF SHRI DIWAN CHAND, RESIDENT OF VILLAGE MARED, P.O. BAGGI, TEHSIL BALH, DISTRICT MANDI, H.P.

11. TAPENDER KUMAR SON OF SHRI DAYA RAM, RESIDENT OF VILLAGE & P.O. SHIKAWARI, TEHSIL THUNAG, DISTRICT MANDI, H.P.

12. RANJAK THAKUR SON OF SHRI RAJENDER KUMAR, RESIDENT OF VILLAGE THUJI, P.O. BAROT, TEHSIL PADHAR, DISTRICT MANDI, H.P.

13. SANTOSH KUMAR SON OF SHRI MAST RAM, RESIDENT OF VILLAGE & P.O. BRANG, TEHSIL DHARAMPUR, DISTRICT MANDI, H.P.

14. KAMLESH KUMAR SON OF SHRI KRISHAN PAL, RESIDENT OF VILLAGE & P.O. BRANG, TEHSIL DHARAMPUR, DISTRICT MANDI, H.P.

15. VIVEK SINGH SON OF SHRI SAHIB SINGH, RESIDENT OF VILLAGE VIJAYPUR, P.O. SAMOH, TEHSIL JHANDUTTA, DISTRICT BILAPUR, H.P.

16. SUNIL KUMAR SON OF SHRI PADAM SINGH, RESIDENT OF VILLAGE TANDU, P.O. SAIGALOO, TEHSIL KOTLI, DISTRICT MANDI, H.P.

17. PITAMBER SON OF LATE SHRI GANDHI RAM, RESIDENT OF VILLAGE SIRAM, P.O. MARATHU, TEHSIL SADAR, DISTRICT MANDI, H.P.

18. AJAY THAKUR SON OF SHRI ANANT RAM RESIDENT OF VILLAGE, P.O. & TEHSIL KOTLI, DISTRICT MANDI, H.P.

19. SANJAY KUMAR SON OF SHRI JAGDISH CHAND, RESIDENT OF VILLAGE CHAIL, P.O. ROPARI, TEHSIL SARKAGHAT, DISTRICT MANDI, H.P. ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 3 ... PETITIONERS (BY MR. R.L. CHAUDHARY, ADVOCATE) AND .

1. HIMACHAL ROAD TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, HEAD OFFICE:

SHIMLA-171003

2. MANAGING DIRECTOR, HIMACHAL ROAD TRANSPORT CORPORATION, HEAD OFFICE: SHIMLA-171003 .. RESPONDENTS

3. SHRI SUDESH SHARMA SON OF SHRI AMAR NATH, RESIDENT OF VILLAGE GHARUN, P.O. DOHAG, TEHSIL JAWALMUKHI, DISTRICT KANDGRA, H.P., PRSENTLY WORKIGN AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

4. SHRI SANJEEV KUMAR SON OF SHRI AJIT SINGH, RESIDENT OF VILLAGE TAPRE, P.O. TAUNI DEVI, TEHSIL BAMSON AT TAUNI DEVI, DISTRICT HAMIRPUR, H.P. PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION

5. SHRI VIKAS CHAUDHARY SON OF SHRI JITENDER RESIDENT OF VILLAGE GHORAB, P.O. BHADRER, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., PRESENTLY WORKING A TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

6. SHRI PRITAM CHANDEL SON OF SHRI JAGDISH CHAND, RESIDENT OF VILLAGE & P.O. MALAWAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

::: Downloaded on - 31/01/2022 23:16:11 :::CIS 4

7. SHRI RAJESH DHIMAN SON OF SHRI TILAK RAJ, RESIDENT OF VILLAGE & P.O. LAPIANA, TEHSIL HARCHAKIAN, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

8. SHRI NARENDER SINGH SON OF SHRI CHHAJU RAM, RESIDENT OF VILLAEG SAMOOR KHURD, P.O. SAMOOR KALAN, TEHSIL BANGANA, DISTRICT UNA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

9. SHRI VICKY SHARMA SON OF SHRI SUBHASH CHAND, RESIDENT OF VILLAGE MANYARA, P.O. PAHRA, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

10. SHRI DEEPAK SON OF SHRI SARAN DASS, RESIDENT OF VILLAGE &P.O. CHOWARI, WAR NO. 1, TEHSIL BHATTIYAT, DISTRICT CHAMBA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

11. SHRI ROHIT SON OF SHRI RAMESH CHAND, RESIDENT OF VILLAGE CHALARAN, P.O. KAPAHRA, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P. PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

12. SHRI KAPIL DEV SON OF SHRI BEL SINGH RESIDENT OF VILLAGE JATALA, P.O. DHALOH, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION

13. SHRI DARSHAN KUMAR SON OF SHRI SHER SINGH, RESIDENT OF VILLAGE MAKRER, P.P, LAPIANA, TEHSIL ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 5 HARCHAKIAN, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

14. SHRI SUNIL KUMAR SON OF SHRI PURAN CHAND, RESIDENT OF VILLAGE .

JASSOUR, P.O. ROUNKHAR, TEHSIL NAGROTA BAGWAN, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

15. SHRI VIKRAM SINGH SON OF SHRI JAGDISH, RESIDENT OF VILLAGE KUH, P.O. MANJHWAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

16. SHRI ATUL RANA SON OF SHRI KAMLESH KUMAR, RESIDENT OF VILLAGE KHAWA, P.O. PALRA, TEHSIL BAROH, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

17. SHRI VIVEK KUMAR SON OF SHRI JAGDISH CHAND, RESIDENT OF VILLAGE & P.O. SEHWAN, TEHSIL SHAHPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

18. SAURABH DUTT SONOF SHRI JOGINDER SINGH, RESIDENT OF VILLAGE HARA, P.O. & TEHSIL FATEHPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION

19. SHRI NASEEV SINGH SON OF SHRI RANJEET SINGH, RESIDENT OF VILLAGE SOGAT, P.O. DANNI, TEHSIL NURPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 6

20. SHRI SUNIL KUMAR SON OF SHRI PIAR SINGH, RESIDENT OF VILLAGE KAMGUHI, P.O. PANTEHRA, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT .

CORPORATION.

21. SHRI SOHAN SINGH GULERIA SON OF SHRI RAKSHPAL RULERIA, RESIDENT OF VILLAGE HADWAL, P.O. DHAMETA, TEHSIL FATEHPUR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION

22. SHRI RAHUL THAKUR SON OF SHRI TASEM LAL, RESIDENT OF VILLAEG & P.O. MAIRI, TEHSIL AMB, DISTRICT UNA, H.P. PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

23. SHRI SUNIL KUMAR SON OF SHRI RATTAN LAL, RESIDENT OF VILLAGE GHARWASRA, P.O. CHALEHLI, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

24. SHRI AJAY KUMAR SON OF SHRI VAIJAY PADESHI, RESIDENT OF VILLAGE & P.O. MAIRA BANNI, TEHSIL RAKKAR, DISTRICT KANGRA, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION

25. SHRI SAFAL KUMAR SON OF SHRI JOGINDER SINGH, RESIDENT OF VILLAGE ANU-KALAN, P.O., TEHSIL & DISTRICT HAMIRPUR, H.P., PRESENTLY WORKING AS TMPA WITH HIMACHAL ROAD TRANSPORT CORPORATION.

.. RESPONDENTS (MR. SHYAM SINGH CHAUHAN, ADVOCATE ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 7 FOR R-1 AND R-2 NEMO FOR R-3 TO R-25 )

2. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4749 OF 2020 .

1. VIJAY KUMAR SON OF RAGHUBIR SINGH, VILLAGE - NERNA, PO-RAJA KA TALAB, TEHSIL- NURPUR, DISTRICT KANGRA

2. SANDEEP KUMAR S/O MAST RAM, VILLAGE BASA, PO-CHHATTAR, TEHSIL NURPUR, DITRICT-KANGRA

3. RAJESH KUMAR S/O SURINDER KUMAR, VILLAEG-DHAN, PO MATLAHAR, TEHSIL JAWALI, DISTRICT KANGRA, H.P.

4. VIJAY KUMAR S/O PRITAM SINGH, VILLAGE JAISAR, PO MATLAHAR, TEHSIL JAWALI, DISTRICT KANGRA, HP

5. DEEPAK CHAUHAN, VILLAGE-TIKKARI, PO-MOVI-SERI, TEHSIL-CHACHIOT, DISTRICT-MANDI HP ... PETITIONERS (BY VIJENDER KATOCH, ADVOCATE) AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (TRANSPORT) TO THE GOVERNMENT OF HIMACHAL PRADESH, HIMACHAL PRADESH GOVERNMENT SECRETARIAT, SHIMLA-2 (H.P.)

2. HIMACHAL ROAD TRANSPORT CORPORATION, THROUGH ITS MANAGING DIRECTOR, SHIMLA-171003 (H.P.) 3 TO 1081 DELETED VIDE ORDER DATED 16.7.20218 .. RESPONDENTS (MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATE GENERAL WITH MR. NARINDER THAKUR AND MR. KAMAL KISHORE, DEPUTY ADVOCATES GENERAL, FOR R-1 ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 8 MS. SHUBH MAHAJAN, ADVOCATE, FOR R-2)

3. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4767 OF 2020 .

1. PRADEEP KATOCH S/O UGGAR CHAND, VILLAGE THURAL, KHAS, PO THURAL, DISTRICT KANGRA-176107

2. SATISH KUMAR S/O TEJ SINGH, VPO DHALWAN, TEHSIL BALDWARA, DISTRICT MANDI, H.P. ... PETITIONERS (BY MR. VIJENDER KATOCH, ADVOCATE) AND HIMACHAL ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR, SHIMLA-171003(H.P) r .. RESPONDENT (BY MS. SHUBH MAHAJAN, ADVOCATE)

4. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4841 OF 2020 ANIL KUMAR SON OF TAKE CHAND, VILLAGE NICHLI SURARI PO KHADYAD, TEHSIL KOTLI, DISTRICT MANDI ... PETITIONER (BY MR. VIJENDER KATOCH, ADVOCATE) AND HIMACHAL ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR, SHIMLA-171003(H.P) .. RESPONDENT (BY MS. SHUBH MAHAJAN, ADVOCATE)

5. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4946 OF 2020 AMIT PATIAL S/O RAMESH CHAND PATIAL, VILLAGE-MANGHER, PO TEHSIL-PALAMPUR, DITRICT SHIMLA ... PETITIONER (BY MR. VIJENDER KATOCH, ::: Downloaded on - 31/01/2022 23:16:11 :::CIS 9 ADVOCATE) AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY .

(TRANSPORT) GOVT. OF HP

2. HIMACHAL ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR, SHIMLA- 171003(H.P) .. RESPONDENTS (BY MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATE GENERAL WITH MR. NARINDER THAKUR AND MR. KAMAL KISHORE, DEPUTY ADVOCATES GENERAL, FOR R-1 MS. SHUBH MAHAJAN, ADVOCATE FOR R-2)

6. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 4970 OF 2020 SUNEEL KUMAR S/O BALDEV SINGH, VILLAGE-GHUNGAN, PO-KAPAHRA, TEHSIL- GHUMARWIN, DISTRICT -BILASPUR ... PETITIONER (BY MR. VIJENDER KATOCH, ADVOCATE) AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (TRANSPORT) GOVT. OF HP

These petitions coming on for orders this day, the court passed the following:

OR D ER .

Parties to lis are ad-idem that the cases at hand are squarely covered by judgment dated 29.9.2021, passed by this Court in CWPOA No. 2531 of 2019, titled Santosh Kumar and others vs. State of Himachal Pradesh and another and connected matter.

2. Careful perusal of the aforesaid judgment rendered by this Court clearly reveals that the issue raised in the present petitions, already stands adjudicated by this court in the judgment (supra), as such, nothing remains to be adjudicated in the present petitions.

3. As such, as mutually agreed, making the directions contained in the judgment (supra) applicable mutatis mutandis, insofar as applicable and relevant, also to the present petitions, the same are disposed of.

Pending application(s), if any, also stand disposed of accordingly.

(Sandeep Sharma), Judge November 11, 2021 (vikrant) ::: Downloaded on - 31/01/2022 23:16:11 :::CIS

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