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[Cites 13, Cited by 50]

Himachal Pradesh High Court

Kishori Lal Negi vs . State Of Hp & Ors on 11 July, 2022

Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia

Kishori Lal Negi Vs. State of HP & ors CWP No. 6670 of 2021 .

11.7.2022 Present: Mr. B.C.Verma, Advocate, for the petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. A.Gs and Mr. Rajat Chauhan, Law Officer, for respondents No. 1 to 4.

r to Mr. Arvind Sharma, respondent No. 5.

As prayed for, list on 13.7.2022.

                                                          Advocate,          for


                                         (Tarlok Singh Chauhan)


                                                  Judge




(Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS M/s Secure Meter Ltd. Vs. Madan Lal Emp. & ors CWP No. 5445 of 2020 a/w CWPs No. 5330/2020, 1014/2021, 1114/2021 and 2104 of 2021 11.7.2022 Present: Mr. C.N. Singh, Advocate, for the .

petitioners. (in both the petitions) Mr. V.D. Khidta, Advocate, for the respondents. (in both the petitions) CWP No. 5445 of 2020 On the oral request of learned counsel for the petitioner, name of respondent No. 15 is ordered to be deleted from the array of respondents. Red ink entry to this effect be made by the Registry.

CWP No. 5445 of 2020 a/w CWPs No. 5330/2020, 1014/2021, 1114/2021 and 2104 of 2021 Let records be requisitioned from learned Labour Court, so as to reach this Court well before the next date of hearing.

List on 1.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mohinder Kumar Sharma Vs. State of HP & ors CWP No. 4954 of 2020 a/w CWP Nos 4948, 4949, 4951, 4953, 4958,4959, 4960 and 4961 of 2020 .

11.7.2022 Present: Mr. Hamender Singh Chandel, Advocate, for the petitioner(s) in all the petitions.

Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents­ State.

Prima facie, the stand of the respondents­ State appears to be fallacious apart from being unsustainable.

Confronted with this, learned Senior Additional Advocate General prays for and is granted a week's time to obtain instructions.

List on 18.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS .

::: Downloaded on - 12/07/2022 20:03:05 :::CIS

Banita Kumar Vs. Stat of H.P. CWPOA No. 3926 of 2020 11.7.2022 Present: Mr. Prantap Sharma, Advocate, for the .

petitioner.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Heard in part. For continuity, list on 18.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Sangeeta Vs. State of H.P. & ors CWPOA No. 3925 of 2020 11.7.2022 Present: Mr. S.C. Sharma, Senior Advocate with Mr.Arvind Negi, Advocate, for the .

petitioner.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Reply to the instant petition was filed far back in the year 2018. Therefore, let respondents to place on record the latest instructions by the next date of hearing. List on 25.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Jaffar Ali Vs. State of H.P. CWPOA No. 3923 of 2020 11.7.2022 Present: Mr. Jai Ram Sharma, Advocate, for the petitioner.

.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Ms. Seema K. Guleria, Advocate, for respondent No. 3.

Admit.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Gulshan Devi Vs. State of HP CWPOA No. 3919 of 2020 11.7.2022 Present: Mr. Ajay Sipahiya, Advocate, for the petitioner.

.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Learned counsel for the petitioner prays for and is granted four weeks' time to file rejoinder and also to take steps for impleading Dayawanti and Sangeeta or anyone of them or their legal representatives, as the case may be.

List on 8.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Neeraj Verma Vs. State of HP & ors CWP No. 2696 of 2020 11.7.2022 Present: Mr. Rajiv Rai, Advocate, for the petitioner.

.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

It is nearly two years that the respondents have been put to formal notice, but they have not filed reply to the petition.

However, as a matter of sheer indulgence, two weeks' further time is granted to the respondents to do the needful, failing which, erring official(s)/officer(s) shall personally remain present before this Court on the next date of hearing alongwith relevant record on his/their personal expenses and separate affidavit to this effect shall be filed at the time of his/their appearance in the Court.

List on 1.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP & ors Vs. Manorama & ors CWP No. 1327 of 2020 11.7.2022 Present: Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Y.S. Thakur, Mr. Bhupinder Thakur, Dy. AGs and Mr. Rajat Chauhan, Law .

Officer, for the petitioners­State.

Mr. Sunil Mohan Goel, Advocate, for respondents No. 1 to 3.

Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for respondents No. 5 and 6.

Amended memo of parties be filed within a week.

Admit. Rule­DB.

Call for the records.

List on 22.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 11, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Balwant Verma Vs. Union of India & ors CWP No. 3311 of 2016 6.7.2022 Present: Ms. Seema K. Guleria, Advocate, for the petitioner.

.

Mr. Shashi Shirshoo, Central Government Standing Counsel, for respondent No. 1.

Mr. Hitender Verma, Advocate, vice counsel for respondent No. 2.

Mr. Atul Jhingan, Advocate, for respondent No. 3.

Learned counsel for respondent No. 3 has handed over utilization certificate to learned vice counsel appearing for respondent No.2 in open Court.

Learned vice counsel for respondent No. 2

prays for and is granted a week's time to obtain instructions. List on 13.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Ranjeet Singh Vs. MD HRTC & others CWP No. 4453 of 2020 .

6.7.2022 Present: Mr. Varun Chandel, Advocate, for the petitioner.

Mr. Ajeet Singh Saklani, Advocate, for respondents No. 1 and 2.

Learned counsel for the petitioner states that the impugned order of transfer has not been issued in administrative exigency, but has been made solely on the basis of U.O. No. 381020, dated 19.3.2022.

In the facts and circumstances of the case, issue notice. Mr. Ajeet Singh Saklani, Advocate, appears and waives service of notice on behalf of respondents No. 1 and 2. Notice be issued to respondents No. 3 and 4, returnable for 20.7.2022.

Steps be taken during the course of the day.

The Registry is directed to reflect the name of Mr. Ajeet Singh Saklani, Advocate, for respondents No. 1 and 2 in the cause­list, henceforth.

CMP No. 8830 of 2022

Notice in the aforesaid terms. In the meanwhile, order of transfer dated 4.7.2022 (Annexure P­1) is ordered to be stayed, qua the petitioner.

::: Downloaded on - 12/07/2022 20:03:05 :::CIS

Copy dasti.

(Tarlok Singh Chauhan) .

Judge (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) r to ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mansa Devi Vs. State of H.P. & ors CWP No. 4436 of 2022 6.7.2022 Present: Mr. Jai Dev Thakur, Advocate, for the .

petitioner.

Mr. Vinod Thakur, Additional Advocate General with Mr. Bhupinder Thakur, Dy. A.G. with Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Mr. Aman Parth Sharma, Advocate, for respondent No. 3.

CWP No. 4436 of 2022 & CMP No. 8800 r of 2022 Leaving all questions of law open, issue notice. Mr. Vinod Thakur, learned Addl. A.G. and Mr. Aman Parth Sharma, Advocate appear and waive service of notice on behalf of respective respondents.

They pray for and are granted six weeks' time to file reply. List on 24.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Vandana Kumari & anr.Vs. State of H.P. & ors CWP No. 4454 of 2022 6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioners.

Mr. Ajay Vaidya, Senior Additional .

Advocate General for the respondents­ State.

Mr. Rakesh Sharma, Advocate, for respondent No. 2.

CWP No. 4455/2022 a/w CMP No. 8831/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Rakesh Sharma Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results declared would be subject to the outcome of the petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) .

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                        ::: Downloaded on - 12/07/2022 20:03:05 :::CIS
            Kamleshwar & ors        Vs.             State of H.P.

                                          CWP No. 4455 of 2022

6.7.2022   Present:    Mr. S.D.Gill, Advocate, for the petitioners.

Mr. Ajay Vaidya, Senior Additional .

Advocate General for the respondents­ State.

Mr. Rakesh Sharma, Advocate, for respondent No. 2.

CWP No. 4455 of 2020 a/w CMP 8832/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Rakesh Sharma Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results declared would be subject to the outcome of the petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Judge (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) .

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            Pooja Rani        Vs.         State of H.P. & ors




                                                          .
                                         CWP No. 4424 of 2022





6.7.2022   Present:     Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4424 of 2020 a/w CMP r 8771/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the petition. List alongwith CWP No. 4145 of 2022.

.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Archana Vs. State of H.P. & ors CWP No. 4425 of 2022 6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4425 of 2020 a/w CMP 8773/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 (kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Prem Lata Vs. State of H.P. & ors CWP No. 4423 of 2022 .

6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4423 of 2020 a/w CMP r 8770/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Vinod Kumar Vs. State of H.P. & ors CWP No. 4422 of 2022 .

6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4422 of 2020 a/w CMP r 8769/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Vinod Kumar Vs. State of H.P. & ors CWP No. 4421 of 2022 .

6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4421 of 2020 a/w CMP r 8768/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pooja Verma Vs. State of H.P. & ors CWP No. 4420 of 2022 .

6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4420 of 2020 a/w CMP r 8767/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Nirmala Vs. State of H.P. & ors CWP No. 4419 of 2022 .

6.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

CWP No. 4419 of 2020 a/w CMP r 8766/2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results ::: Downloaded on - 12/07/2022 20:03:05 :::CIS declared would be subject to the outcome of the .

petition. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge July 6, 2022 kalpana) to (Chander Bhusan Barowalia) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Lalit Sain Vs. H.P. State Coop Bank & ors CWP No. 4418 of 2022 .

6.7.2022 Present: Dr.Lalit Kumar Sharma, Advocate, for the petitioner.

Mr. Sushant Vir Singh Thakur, Advocate, for respondents No. 1 and 2.

CWP No. 4418 of 2020 a/w CMP 8756/2022 Leaving all questions of law open, issue notice. Mr. Sushant Vir Singh Thakur, Advocate, appears and waives service of notice on behalf of respondents No. 1 and 2. Dasti notice be issued to respondent No. 3, returnable for 13.7.2022. Steps be taken during the course of the day.

CMP No. 8757 of 2022

Application is allowed and typed copies of the documents annexed with the petition be filed within four weeks. The application stands disposed of.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 6, 2022 kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Raj Kumar & ors Vs. State of HP & ors CWP No. 3836 of 2022 .

6.7.2022 Present: Mr. Kush Sharma, Advocate, for the petitioner.

Mr. Vinod Thakur, Addl.A.G. with Mr.Bhupinder Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

We have been inf ormed at the Bar that the identical issues are pending consideration before Hon'ble DB­1. Therefore, list the matter before the said Bench on 7.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 6, 2022 kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Arvind Kumar Vs. State of HP & others CWP No. 4441 of 2022 6.7.2022 Present: Mr. Devender K. Sharma, Advocate, for the petitioner.

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Mr. Vinod Thakur, Additional Advocate General with Mr. Bhupinder Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Learned counsel for the petitioner states that the impugned order of transfer has not been issued in administrative exigency, but has been made solely on the basis of D.O. Note No. 3785571 dated 16.3.2022.

In the facts and circumstances of the case, issue notice. Mr. Vinod Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of respondents­State.

Notice be issued to respondents No. 2 and 3, returnable for 20.7.2022. Steps be taken during the course of the day.

CMP No. 8810 of 2022

Notice in the aforesaid terms. In the meanwhile, order of transfer dated 4.7.2022 (Annexure P­1) is ordered to be stayed, qua the petitioner.

(Tarlok Singh Chauhan) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS (Chander Bhusan Barowalia) Judge July 6, 2022 (kalpana) .

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            Archana Devi & ors    Vs.    State of HP & others

                                       CWP No. 3260 of 2019 a/w
                                       CWP No. 6356 of 2021

5.7.2022 Present: Mr. Vijay Chaudhary and Mr. YPS Dhaulta, Advocate, for the petitioners in .

the respective petitions.

Mr. Ajay Vaidya, Senior Additional Advocate General for the respondents­ State.

Mr. Manohar Lal Sharma, Advocate, for respondent­NIELT.

List on 16.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rajender Kumar & ors Vs. State of HP & ors & connected matters CWP No. 2843 of 2019 a/w CWP No. 4189/19,CWPOA Nos. 5388, 6075 of 2019, CWP Nos. 864,877, 1097, 1267, 1268, 1269, 1316, 1317, 1321,3728, 3810, 4343, 4797, 4824, 4956, .

4973,4974, 4975, 4976, 4977, 4978, 5040, 6169, 6264,6284 of 2020, CWPOA Nos. 3074, 3081, 3090, 3486,3762, 5697, 6410, 6415, 6418, 6424, 6452, 6943,6944, 6945, 6946, 6947, 6948, 6949, 6950, 6951and 7373 of 2020 5.7.2022 Present: Mr. Sanjeev Bhushan, Sr. Advocate with M/s Rajesh Kumar, Mehar Chand, Vikas Rajput, Davinder Chauhan Jaita, Sanjeev Kumar Motta, I. N. Mehta, Surinder Kumar Saklani, Vinod Kumar Thakur, Vinod Chauhan, Surender Verma, Sarthak Mehta, Vijay Chaudhary, Digvijay Singh, Naresh K. Sharma, Harish Kumar Verma, Suneet Goel, Jyotirmay Bhatt, Ashwani Gupta, Advocates, for the respective petitioners.

Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Addl. A.G, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respective petitioners and the respective respondents.

Mr. Nimish Gupta, Mr. M. L. Sharma, Advocates, for respective respondents.

List on 16.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Nikhil Solanka & ors Vs. Himachal Pradesh Univ & ors CWP No. 2285 of 2018 and 2386 of 2018 5.7.2022 Present: Mr. Shubham Sood and Mr. Ashok Chaudhary, Advocates, for the petitioners.

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Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Addl. A.G, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents.

CMP No. 7938/2022 in CWP No. 2285 of 2018 & CMP No. 7399 of 2022 in CWP No. 2386 of 2018 In the given facts and circumstances of the case, the applications for early hearing are allowed and disposed of.

CWP Nos 2285 of 2018 & 2386 of 2018 Learned Deputy Advocate General prays for and is granted two days' time to seek instructions in light of order dated 2.5.2019.

List on 7.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mamta Kumari Vs. State of HP CWP No. 4415 of 2022 5.7.2022 Present: Mr. S.D.Gill, Advocate, for the petitioner.

Mr. Ajay Vaidya, Senior Additional .

Advocate General, for the respondents­ State.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dalip K. Sharma, Advocate waive service of notice on behalf of respective respondents. Reply in three weeks.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit the respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results declared would be subject to the outcome of the petitioner. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge ::: Downloaded on - 12/07/2022 20:03:05 :::CIS (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) .

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                        ::: Downloaded on - 12/07/2022 20:03:05 :::CIS
            Rakesh Kumar      Vs.         State of HP & ors
                                         CWP No. 2058 of 2022

5.7.2022   Present:    Mr. Ramakant Sharma, Advocate, for the
                       petitioner.




                                                          .

Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents No. 1 and 3.

Mr. Dalip K. Sharma, Advocate, for respondent No. 2.

We record the statement of learned Senior Additional Advocate General that the petitioner would be provisionally enlisted. After enlisting the petitioner, the respondents would be free to declare the results.

In the meanwhile, we permit the respondent No. 2 to file an affidavit on the contention that the petitioner has not undergone six months' practical training in a minimum 50 bedded Multi Speciality Hospital and annex the Policy decision in this regard to the said affidavit. We make it clear that the results declared would be subject to the outcome of the petitioner. List alongwith CWP No. 4145 of 2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Milap Chand Vs. State of HP CWP No. 4413 of 2022 5.7.2022 Present: Mr. Jai Dev Thakur, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl. A.G. with Mr. Vinod Thakur, Addl. A.G., Mr. Yudhvir Singh Thakur, Mr. Bhupinder Thakur, Dy AGs and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Issue notice. Mr. Bhupinder Thakur, learned Dy. A.G. appears and waives service of notice on behalf of respondents­State. Dasti notice be issued to respondent No. 4, returnable for 19.7.2022. Reply be filed in the meanwhile.

CMP No. 8746 of 2022

Notice/reply in the aforesaid terms. Since respondent No. 4 has already joined, therefore we direct that till further orders, petitioner shall not be compelled to join at the transferred station.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge July 5, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Dhruv Singh Vs. HRTC & anr CWP No. 8250 of 2021 30.6.2022 Present: Mr. Shivendra Singh, Advocate, for the petitioner.

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Mr. Shyam Singh Chauhan, Advocate, for the respondents.

Learned counsel for the respondents prays for and is granted two weeks' time to comply with the judgment dated 28.12.2021. List on 14.7.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mohan Lal Vs. HRTC & ors CWP No. 8149 of 2021 30.6.2022 Present: Mr. Ajinder Mehta, Advocate, for the petitioner.

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Mr. Shyam Singh Chauhan, Advocate, for the respondents.

Learned counsel for the respondents prays for and is granted two weeks' time to comply with the judgment dated 3.1.2022. List on 14.7.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Brij Lal Vs. HRTC & ors CWP No. 8118 of 2021 30.6.2022 Present: Mr. Varun Chandel, Advocate, for the petitioner.

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Ms. Shubh Mahajan, Advocate, for the respondents.

Learned counsel for the respondents prays for and is granted two weeks' time to comply with the judgment dated 23.12.2021. List on 14.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rama Nand Vs. HRTC & ors CWP No. 8116 of 2021 30.6.2022 Present: Mr. Varun Chandel, Advocate, for the petitioner.

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Mr. Ajay Chauhan, Advocate, for the respondents.

Learned counsel for the respondents prays for and is granted six weeks' time to comply with the judgment dated 23.12.2021. List on 18.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pradeep Kumar Vs. HRTC & ors CWP No. 8115 of 2021 30.6.2022 Present: Mr. Varun Chandel, Advocate, for the petitioner.

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Mr. Ajeet S. Saklani, Advocate, for the respondents.

Learned counsel for the respondents prays for and is granted six weeks' time to comply with the judgment dated 23.12.2021. List on 18.8.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rajat Puri Vs. State of H.P. & anr CWP No. 6948 of 2021 30.6.2022 Present: Mr. Atul Jhingan, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with M/s Vinod Thakur & Shiv Pal Manhans, Additional Advocate Generals, Mr. Yudhvir Singh Thakur, Dy.

AG and Mr. Rajat Chauhan, Law Officer, for respondents­State.

Learned Additional Advocate General has placed on record letter dated 29.6.2022. After perusing the same, we deem it proper to grant two weeks' time to the respondents to release pensionary benefits in favour of the petitioner. Compliance report in this regard be filed on the next date of hearing.

List on 21.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pyare Lal Vs. HRTC CWP No.5187 of 2021 30.6.2022 Present: Mr. Rakesh Kumar Dogra, Advocate, for the petitioner.

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Ms. Shubh Mahajan, Advocate, for the respondent.

Learned counsel for the respondent states that an amount of Rs. 87,000/­ has been credited into the account of the petitioner.

Confronted with this, learned counsel for the petitioner prays for and is granted two weeks' time to seek instructions. List on 14.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Paras Ram Vs. HRTC CWP No. 4852 of 2021 30.6.2022 Present: Mr. Rakesh Kumar Dogra, Advocate, for the petitioner.

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Ms. Shubh Mahajan, Advocate, for the respondent.

Learned counsel for the respondent prays for and is granted six weeks' further time to comply with the order dated 26.8.2021. List on 18.8.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Kuldeep Sharma Vs. HRTC CWP No.1876 of 2021 30.6.2022 Present: Mr. Dheeraj Kanwar, Advocate, for the petitioner.

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Mr. Shyam Singh Chauhan, Advocate, for the respondent.

Learned counsel for the respondent prays for and is granted six weeks' further time to comply with the order dated 26.8.2021. List on 18.8.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Ranjeet Singh Vs. HRTC Ex. Pet. No. 447 of 2021 30.6.2022 Present: Mr. Rakesh K. Dogra, Advocate, for the petitioner.

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Ms. Shubh Mahajan, Advocate, for the respondent.

Learned counsel for the respondent prays for and is granted six weeks' further time to comply with the order dated 26.8.2021. List on 18.8.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS M/s A.K. Automatic Registereal Partnership Vs. State of HP CWP No. 1788 of 2019 30.6.2022 Present: Mr. Daleep Chand, Advocate, for the petitioner.

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Mr. Ajay Vaidya, Sr. Addl. A.G., for respondents No. 1 to 3.

Mr. Aman Sood, Advocate, for respondent No. 4.

List alongwith CWP No. 2601 of 2009 on the date already fixed.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Kalawati Vs. State of HP & ors CWP No. 964 of 2021 30.6.2022 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

Admit.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pitamber Dutt Sharma Vs. State of HP & ors CWP No. 3676 of 2021 30.6.2022 Present: Mr. Anil Chauhan, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

CMP No. 8238 of 2022

Notice. Mr.Vinod Thakur, learned Addl.

A.G. appears and waives service of notice on behalf of respondents­State. He prays for and is granted two weeks' time to file reply.

List on 14.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS HFCL Ltd. Vs. State of HP & others CWP No. 6460 of 2021 alongwith CWPNos 6501, 6502, 6518, 6565, 6574, 6575, 6654, 6665, 6666, 6701, 6702, 6703, 6704, 6791, 6792, 6816, 6817, 6818, 6849, 6850, .

6862, 6914, 6915, 6917, 6918, 6919, 6920, 6922, 6923, 6929, 6938, 6940, 6941, 6944, 6945, 6946 and 6947 of 2021 30.6.2022 Present: Mr. Sudhir Thakur, Senior Advocate with Mr.Karun Negi, Advocate, for the petitioner.

Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

Mr. Rohit Sharma, Advocate, for respondent No. 3.

As prayed for, list on 7.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pankaj Kumar Lakhanpal Vs. State of HP & others CWP No. 1599 of 2020 a/w CWP Nos. 1686 to 1688, 1695, 1696 and 1851 of 2020 30.6.2022 Present: Mr. Shrawan Dogra, Senior Advocate with .

Mr. Peeyush Verma, Advocate, for the petitioners.

Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

As prayed for, list on 5.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mamta Sharma Vs. State of HP & others CWPOA No. 2921 of 2020 a/w CWPOA No.2926 of 2022 30.6.2022 Present: Mr. Arvinder Arora and Ms. Vidushi Sharma, Advocates, for the petitioners.

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Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

Mr. Vishal Singh Thakur, Advocate, for respondent No. 4.

Learned Additional Advocate submits that due to sheer inadvertence, letter could r General not be written to the concerned quarter to obtain instructions. He prays for and is granted a week's time to seek instructions in the light of letter dated 16.5.2017, which prima­facie, is not applicable to the petitioners.

List on 7.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS EIH Limited & ors Vs. State of HP & others Arb. Appeal No. 11 of 2016 30.6.2022 Present: Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall, Advocate, for the appellants.

.

Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G. with Mr. Prabhat Kumar, Advocate, for the respondents­State.

Heard further. For continuity, list on 6.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS .

::: Downloaded on - 12/07/2022 20:03:05 :::CIS

Deepak Gupta Vs. State of HP & ors CWP No. 856 of 2018 30.6.2022 Present: Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs with Mr. Y.S.Thakur, Dy. A.G., for the respondents­State.

Heard.

The Court places on record its appreciation for the painstaking efforts made by the Court Commissioner, Ms. Ragini Dogra, Advocate, in visiting the spots in question and thereafter submitting her comprehensive report.

Taking into account the efforts made by the Court Commissioner, we feel that the fee that was fixed on 24.5.2022 is not commensurate with the efforts put in by her. Therefore, the respondents No. 1 and 2 are directed to pay an additional amount of Rs. 20,000/­ (rupees twenty thousand) apart from the fee already paid and the same be remitted into her saving bank account.

The respondents have placed on record certain data in tabulated form. Learned counsel for the petitioner prays for and is granted two weeks' time to go through the same.

The parties to respond/comment to the report of the Court Commissioner on the next date of ::: Downloaded on - 12/07/2022 20:03:05 :::CIS hearing. List on 21.7.2022.

.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 30, 2022 (kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Sagar Singh Vs. State of H.P. & others CWP No. 3997 of 2022 23.6.2022 Present: Mr. Sarvedaman Rathore, Advocate, for the petitioner.

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Mr. Vinod Thakur,Mr. Shiv Pal Manhans, Addl. A.Gs with Mr. Y.S. Thakur, Dy. A.G. for the respondents­State.

Mr. Vikrant Thakur, Advocate, for respondent No. 2.

Notice. Mr. Vinod Thakur, learned Addl.

A.G. and Mr. Vikrant Thakur, Advocate appear and waive service of notice on behalf of respective respondents.

Admit.

CMP No. 7899 of 2022

No case for grant of interim relief is made out at this stage. The application is disposed of.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 23, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Vijay Kumar Vs. State of HP & ors CWP No. 3816 of 2022 22.6.2022 Present: Mr. Surinder Saklani, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Since Court time is over, therefore list on 27.6.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Narinder Dutt Sharma Vs. State of HP & ors CWP No. 2813 of 2022 22.6.2022 Present: Mr. P.D. Nanda, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Learned Additional Advocate General has placed on record instructions dated 21.6.2022. List r to on 29.6.2022 for consideration.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rajpur Hydro Power pvt Ltd Vs. State of HP & ors CWP No. 3256 of 2022 22.6.2022 Present: Mr. Prithu Garg, Ms.Shradha Karol & Ms. Sneh Bhimta, Advocates, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Mr. Ashok Sharma, Senior Advocate with Mr.Vikrant Thakur, Advocate, for respondent No. 2.

Since Court time is over, therefore list the matter on 23.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS EIH Ltd. & ors Vs. State of H.P. & ors Arb. Appeal No. 11 of 2016 22.6.2022 Present: Mr. R.L. Sood, Senior Advocate with Mr.ArjunLall, Advocate, for the appellants.

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Mr. R. Shankar, President Corporate Affairs is present.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, with Mr. Prabhat Kumar, Advocate & Mr. Ashok Vij, Consultant to Govt, for the respondents.

Since Court time is over, list on 29.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Yashpal Singh Sandhu Vs. State of HP & connected matters CWP No. 1648/2018 a/w CWP No. 63/2019 and COPCs No. 1115 and 240 of 2019 .

CWP No. 1648 of 2018 & COPCs No. 1115 & 240/2019 22.6.2022 Present: Mr. Abhimanyu Rathore, Advocate, for the petitioner(s).

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the r respondents­State.

Mr.Amit Singh Chandel, Advocate, for respondent No. 6.

Mr.T.S.Chauhan, Advocate, for respondent No. 8.

Mr. Mehar Chand Jamwal, Advocate, for respondent No. 9.

CWP No. 63 of 2019

Mr. Mehar Chand Jamwal, Advocate, for the petitioner.

Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Mr. Amit Singh Chandel, Advocate, for respondent No. 5.

Mr. Tara Singh Chauhan, Advocate, for respondent No. 5.

::: Downloaded on - 12/07/2022 20:03:05 :::CIS CWP No. 1648 of 2018

Reply on behalf of respondents No. 10 and 17 has been filed in open Court. The same be made .

part of the file.

Learned counsel for the petitioner states that he does not intend to file rejoinder to the same.

List for consideration on 13.7.2022.

r to (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pooja Vs. State of HP & others CWP No. 3965 of 2022 22.6.2022 Present: Mr. Sushant Vir Singh, Advocate vice Mr. Mandeep Chandel, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Since Court time is over, therefore list the matter on 29.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pooja Vs. State of HP & others CWP No. 3965 of 2022 22.6.2022 Present: Mr. Sushant Vir Singh, Advocate vice Mr. Mandeep Chandel, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Since Court time is over, therefore list the matter on 29.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Sushma Mehta Vs. State of HP & others Ex. Pet. No. 148 of 2021 in CWP No. 4910 of 2011 22.6.2022 Present: Mr. Surinder Saklani, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Addl.A.G. with Mr. Vinod Thakur, Mr.Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Mr. Balram Sharma, ASGI, for the respondent­Union of India.

Since Court time is over, therefore list the matter on 6.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Seema Devi Vs. State of HP & others CWP No. 3979 of 2022 22.6.2022 Present: Mr. H.S. Rana, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals with Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Notice. Mr. Vinod Thakur, learned Additional Advocate General appears and waives service of notice on behalf of respondents­State. He prays for and is granted four weeks' time to file reply.

List on 1.7.2022.

CMP No. 7862 of 2022

Notice in the aforesaid terms. The appointment, if any, shall be subject to the outcome of this petition. The application stands disposed of.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Medo Kumari Vs. State of HP & others CWP No. 3978 of 2022 22.6.2022 Present: Mr. Parveen Chauhan, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals with Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

CWP No. 3978 of 2022 & CMP No. 7861 of 2022 r Issue notice confined to respondents No. 1 to 4, returnable for 29.6.2022. Learned Additional Advocate General prays for and is granted three week's time to obtain fresh instructions.

Reply be filed in the meanwhile.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rajni Bala Vs. H.P. Power Corp. Ltd & ors CWP No. 3976 of 2022 22.6.2022 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.

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Mr. Shashi Shirshoo, Advocate, CGC, for respondents No. 1 and 2.

CWP No. 3976 of 2022

Issue notice. Mr. Shashi Shirshoo, learned Central Government Counsel appears and waives service of notice on behalf of respondents. He prays for and is granted six weeks' time to file reply.

List on 10.8.2022.

CMP No. 7857 of 2022

No case for interim order is made out at this stage. The application stands disposed of.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Kamal Raj Vs. State of H.P. & ors CWP No. 3968 of 2022 22.6.2022 Present: Mr. H.C. Sharma, Advocate vice Mr. Sunil Chauhan, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. Y.S. Thakur, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

CWP No. 3968 of 2022 & CMP No. 7847 of 2022 Issue notice. Mr. Vinod Thakur, learned Additional Advocate General appears and waives service of notice on behalf of respondents. He prays for and is granted four weeks' time to file reply.

List on 7.7.2022 alongwith CWP No. 7920 of 2021.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 22, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Court on its own motion Vs. State of H.P. & others CWPIL No. 2 of 2022 .

21.6.2022 Present: Mr. B.C. Negi, Senior Advocate as Amicus Curiae with Mr. Nitin Thakur, Advocate, for the petitioner.

Petitioner No. 2, Mr. Rishab Tripathi through video conferencing.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Additional Advocate General, Mr. Y.S. Thakur, Deputy Advocate General, for the respondents­State.

Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate, for respondent No. 4.

Respondent­State is directed to supply names of all the service providers conducting para­ gliding throughout the length and breadth of the State before the next date of hearing. Respondents­ State shall also apprise the Court regarding website with respect to the creation or addition of the adventure tourism in the existing website with a facility to lodge the complaints and furnish the reviews.

2. We find that as regards offences and penalties as provided in Chapter­VI of the Himachal Pradesh Tourism Development and Registration Act, 2002, there is no provision for institution of ::: Downloaded on - 12/07/2022 20:03:05 :::CIS proceedings or filing of claims like those provided in the Negotiable Instrument Act and PC­PNDT Act etc. .

That apart, even the penalty as provided appears to be too meager.

3. Above all, we find that even the draft SOPs lean in favour of the service providers rather than the consumers. Some of the provisions in the SOPs are absolutely vague, such as clause­17 of the guidelines/SOPs of Water Sports Activities, which provides that a liability waiver should be signed by the client prior to the river trip. This should clearly mention the inherent risks involved in the sport.

Likewise, Clause­18 of the aforesaid guidelines/SOPs provides that the operator shall ensure the participants for third party insurance as per carrying capacity of the boat and water sport machine to the extent of Rs. 5,00,000/­ per participant. This clause is also absolutely vague. Even the amount specified as Rs. 5,00,000/­ appears to be too meager.

In view of this, adequate amendments are required to be made in the SOPs so that the interests of the consumers as also the employees of service providers are adequately safeguarded and protected.

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List on 12.7.2022.

(Tarlok Singh Chauhan) Judge .

(Chander Bhusan Barowalia) Judge June 21, 2022 (Kalpana) r to ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Dalip Singh Vs. State of H.P. & others CWP No. 992 of 2021 20.6.2022 Present: Mr. Mohar Singh, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

CMP No. 3955 of 2022

Notice. Mr. Y.S. Thakur, learned Deputy Advocate General appears and waives service of notice on behalf of respondents­State. He prays for and is granted four weeks' time to file reply.

List on 25.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Parvesh Thakur Vs. State of H.P. & others Ex. Pet. No. 428 of 2021 in CWP No. 1666 of 2017 20.6.2022 Present: Ms. Kavita Kajal, Advocate vice Mr. Atharv Sharma, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Learned vice counsel appearing for the petitioner prays for and is granted a week's further time to comply with the order date 30.5.2022.

List on 27.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP & others Vs. Kalyan Singh & ors LPA No. 146 of 2021 20.6.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional .

Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the appellant­State.

Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for respondent No. 1. Respondents No. 4, 6, 7 and 8 are served.

Respondents No.2, 3, 5 and 9 have died.

Despite opportunities granted by Additional Registrar (Judicial) to take consequential steps, the needful has not been done.

Consequential steps be taken within two weeks, failing which the appeal shall be dismissed for want of prosecution.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Lata Devi Vs. Santosh Kumar FAO No. 28 of 2021 20.6.2022 Present: Mr. Sudhir Thakur, Senior Advocate with Mr.Karun Negi, Advocate, for the appellant.

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Mr. Naresh K. Sharma, Advocate, for the respondent.

CMP No. 1507 of 2022

As prayed for, reply be filed within a week.

List on 27.6.2022.

(Tarlok Singh Chauhan) r Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Hukam Ram Vs. HPSSC & ors CWP No. 5280 of 2020 20.6.2022 Present: Mr.Bonit Thakur, Advocate vice Mr. A.K. Gupta, Advocate, for the petitioner.

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Mr. Sanjeev Kumar Motta, Advocate, for respondent No. 1.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

This petition appears to have been wrongly tagged with CWP No. 1002 of 2022, which in fact has already been decided. Consequently, the order dated 9.5.2022 is recalled.

List the matter after CWP No. 1002 of 2020 is decided.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS M/s Dara Construction Vs. BBMB & ors CWP No. 4074 of 2020 20.6.2022 Present: Mr. Sanjay Jain and Mr. Vijender Katoch, Advocates, for the petitioner.

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Mr. Vikrant Thakur, Advocate, for the respondents.

Mr. Abhinav Purohit, Advocate, for CA Naresh Vashisht.

As prayed for, list on 27.6.2022.

(Tarlok Singh Chauhan) r Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Rishi Verma Vs. Seema FAO(FC) No. 22 of 2020 20.6.2022 Present: Mr. Nimish Gupta, Advocate, for the appellant.

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Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for the respondent.

Learned counsel for the appellant states that an amount of Rs. 10,00,000/­ have been deposited in the account of respondent.

Confronted with this, learned vice counsel appearing for respondent prays for and is granted a day's time to confirm this fact.

List on 21.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP Vs. Het Ram Sharma CMP(M) No. 1996 of 2019 20.6.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional .

Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the petitioner­State.

Mr. Dushyant Dadwal, Advocate, for respondent No. 1.

Mr. Rajinder Thakur, Central Government Standing Counsel, for the Post Master General.

As prayed for, rejoinder be filed within two weeks. List on 4.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP Vs. Het Ram Sharma CMP(M) No. 1996 of 2019 20.6.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional .

Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the petitioner­State.

Mr. Dushyant Dadwal, Advocate, for respondent No. 1.

Mr. Rajinder Thakur, Central Government Standing Counsel, for the Post Master General.

As prayed for, rejoinder be filed within two weeks. List on 4.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP Vs. Ram Prasad Cr.MP(M) No. 1524 of 2019 20.6.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional .

Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the applicant/appellant.

Ms. Shivani, Advocate vice Ms.Anjali Soni Verma, Advocate, for the respondents.

Learned Senior Additional Advocate General prays for and is granted four weeks' time to examine the records of the case and file a better affidavit explaining therein the delay as accrued from 2.8.2017 to 22.6.2019.

List on 18.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS State of HP Vs. Ram Prasad CMP(M) No. 1524 of 2019 20.6.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional .

Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the applicant/appellant.

Ms. Shivani, Advocate vice Ms.Anjali Soni Verma, Advocate, for the respondents.

Learned Senior Additional Advocate General prays for and is granted four weeks' time to examine the records of the case and file a better affidavit explaining therein the delay as accrued from 2.8.2017 to 22.6.2019.

List on 18.7.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Vinod Kumar Vs. State of HP Ex. Pet. No. 99 of 2019 in CWP No. 9628 of 2013 20.6.2022 Present: Mr. Rajesh Kumar, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondent­State.

Having heard learned Senior Additional Advocate General, we are, prima­facie, of the view that the office order dated 4.11.2020 (Annexure A­1) is in the teeth of order dated 30.12.2013, passed by learned Division Bench of this Court in CWP No. 9628 of 2013.

2. Confronted with this, learned Senior Additional Advocate General prays for and is granted a week's time to obtain instructions. List on 27.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Pawan Chandel Vs. State of HP & ors Ex. Pet. No. 45 of 2019 in CWP No. 103 of 2018 20.6.2022 Present: Mr. T.S. Chauhan, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondent­State.

Mr. Naresh Kumar Gupta, Advocate, for respondents No. 2 and 3.

Mr. B.C. Verma, Advocate, for respondent No. 8.

As jointly represented by learned counsel for the parties, the matter is referred to mediation to be conducted by Mr. Naresh Kumar Sood, Senior Advocate and a trained Mediator. The petitioner and respondents No. 6 to 8 to appear before learned Mediator on 27.6.2022 in the Mediation Center at 1 p.m. (Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mast Ram & ors Vs. State of HP & ors CWP No. 2350 of 2018 20.6.2022 Present: Mr. Virender Thakur, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Mr. B.C. Negi, Senior Advocate with Mr. Sunil Mohan Goel, Advocate, for respondent No. 5.

The Land Acquisition Collector­cum­ SDO(C ) Arki, District Solan has failed to deposit the amount in the Registry, as was directed vide order dated 23.5.2022. Needful be done within a week, failing which the Land Acquisition Collector and responsible officer of respondent No. 5 shall personally appear before this Court on the next date of hearing.

List on 27.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Mast Ram & ors Vs. State of HP & ors CWP No. 2350 of 2018 20.6.2022 Present: Mr. Virender Thakur, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Mr. B.C. Negi, Senior Advocate with Mr. Sunil Mohan Goel, Advocate, for respondent No. 5.

The Land Acquisition Collector­cum­ SOD(C ) Arki, District Solan has failed to deposit the amount in the Registry, as was directed vide order dated 23.5.2022. The needful be done within a week, failing which the Land Acquisition Collector and respondent No. 5 shall personally appear before this Court on the next date of hearing.

List on 27.6.2022.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS Bishan Dutt & ors Vs. State of H.P. & ors CWP No. 8395 of 2021 20.6.2022 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner.

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Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Yudhvir Singh Thakur, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents­State.

Mr. K.D. Sood, Senior Advocate with Mr. Het Ram, Advocate, for respondent No. 3.

                   r          to
                         Admit.

Rejoinder be filed within four weeks.

(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge June 20, 2022 (Kalpana) ::: Downloaded on - 12/07/2022 20:03:05 :::CIS .

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