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Uttarakhand High Court

S.C. Singh vs State Of Uttarakhand And Others on 19 February, 2020

Author: R.C. Khulbe

Bench: Ramesh Ranganathan, R.C. Khulbe

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/B) No.584 of 2019

S.C. Singh                                              ......... Petitioner.

                                    Vs.

State of Uttarakhand and others                       ......... Respondents.

                         Dated: 19th February, 2020

Coram: Hon'ble Ramesh Ranganathan, C.J.

Hon'ble R.C. Khulbe, J.

Hon'ble Ramesh Ranganathan, C.J. (Oral) Heard Mr. D.K. Joshi, learned Counsel appearing for the petitioner, Mr. Anil Bisht, learned Standing Counsel for the State of Uttarakhand and Ms. Sonia Chawla, learned Counsel holding brief of Mr. Paresh Tripathi, learned Counsel for respondent no.2.

2. After arguing for some time Mr. D.K. Joshi, learned Counsel appearing on behalf of the petitioner, would submit that, instead of adjudicating the petitioner's claim on its merits, it would suffice if the second respondent is directed to consider the petitioner's representation within a specified time frame; and for orders to be passed thereupon in accordance with law.

3. Both Mr. Anil Bisht, learned Standing Counsel appearing for the first respondent and Ms. Sonia Chawla, learned Counsel holding brief of Mr. Paresh Tripathi, learned Counsel appearing on behalf of the second respondent, would express no objection to such an order being passed. As learned counsel on either side are in agreement, we see no reason to keep the writ petition pending on the file of this Court.

4. The writ petition is disposed of directing the second respondent to consider the petitioner's representation dated 15.03.2019 at the earliest, and in any event within three months from the date of production of a certified copy of this order. We make it clear that we have not expressed any opinion on whether or not the petitioner is entitled to the relief sought, for these are all matters for the respondent-

authorities to decide. The second respondent shall, after considering the petitioner's representation, pass a reasoned order, and communicate its decision to the petitioner, within a period of three months. Suffice it to make it clear that we have not expressed any opinion on merits or regarding the petitioner's entitlement to be granted the relief sought for in the Writ Petition, for these are all matters for the second respondent to consider in accordance with law. The writ petition is, accordingly, disposed of. No costs.

        (R.C. Khulbe, J.)                (Ramesh Ranganathan, C.J.)
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