Himachal Pradesh High Court
Kumari Bhawani Devi vs State Of Himachal Pradesh & Others on 4 July, 2019
Bench: V. Ramasubramanian, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No.1454 of 2019
Date of decision: 04.07.2019
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Kumari Bhawani Devi .....Petitioner
Versus
State of Himachal Pradesh & others ...Respondents
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Coram:
The Hon'ble Mr. Justice V. Ramasubramanian, Chief Justice
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1
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For the petitioner : Mr. Deven Khanna, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General
with M/s J.K. Verma, Ritta Goswami,
r Ashwani Sharma and Nand Lal Thakur,
Additional Advocate Generals, for
respondents No. 1 to 5.
Mr. Angrez Kapoor, Advocate, for
respondent No. 6.
V. Ramasubramanian, Chief Justice (Oral)
Mr. Nand Lal Thakur, learned Additional Advocate General takes notice for respondents No. 1 to 5 and Mr. Angrez Kapoor, Advocate, takes the same for respondent No. 6.
2. Aggrieved by the refusal of the respondents to issue a certificate to the effect that the petitioner is the ward of a freedom fighter, the petitioner has come up with the above writ petition.
3. Heard Mr. Deven Khanna, learned Counsel appearing for the petitioner, Mr. Adarsh Sharma, learned Additional Advocate 1 Whether the reporters of Local Papers may be allowed to see the judgment?
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4. The only ground on which the petitioner has been denied the certificate, is that she is a married daughter, but the question whether a married daughter is entitled to such certificate is no longer res integra. This Court has already held in various cases that daughters of freedom fighters are entitled to such certificates.
5. Learned Additional Advocate General submitted, on instructions, that if the petitioner approaches the concerned Authority, she may be given the provisional certificate.
6. Therefore, the writ petition is disposed of directing the petitioner to approach the 5th respondent alongwith a copy of this order. Upon the petitioner producing the copy of this order and making an application, the 5th respondent shall issue a provisional certificate.
7. Pending application(s), if any, also stands disposed of.
Copy dasti.
(V. Ramasubramanian) Chief Justice.
July 4, 2019 (Anoop Chitkara)
(hemlata) Judge.
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