Paonta Sahib vs State Of H.P. & Others

Citation : 2022 Latest Caselaw 4357 HP
Judgement Date : 3 June, 2022

Himachal Pradesh High Court
Paonta Sahib vs State Of H.P. & Others on 3 June, 2022
Bench: Sabina, Acting Justice, Satyen Vaidya
                                  1




    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                     ON THE 3rd DAY OF JUNE, 2022

                               BEFORE




                                                         .

                     HON'BLE MS. JUSTICE SABINA
                       ACTING CHIEF JUSTICE





                                  &

               HON'BLE MR. JUSTICE SATYEN VAIDYA

                CIVIL WRIT PETITION No.3470 of 2022





         Between:-

         NARESH KUMAR, SON OF SHRI RONKI
         RAM, RESIDENT OF WARD NO.7,
         DEVINAGAR PAONTA SAHIB, TEHSIL

         PAONTA SAHIB, DISTRICT SIRMOUR,

         HIMACHAL PRADESH. EX HOME
         GUARD, 4TH BATTALION, NAHAN,
         DISTRICT SIRMOUR, HIMACHAL PRADESH.
         AGE 47 YEARS.                     ......PETITIONER


         (BY MS. BABITA CHAUHAN AND
         MR. BONIT THAKUR, ADVOCATES ON
         BEHALF OF MR. A.K. GUPTA, ADVOCATE)




         AND
    1.   STATE OF HIMACHAL PRADESH THROUGH





         THE PRINCIPAL SECRETARY (HOME) WITH
         HEADQUARTERS AT SHIMLA-2, HIMACHAL
         PRADESH.





    2.   THE COMMANDANT GENERAL (HOME GUARDS)
         WITH HEADQUARTERS AT SHIMLA, HIMACHAL
         PRADESH.
    3.   THE COMMANDANT, HOME GUARDS, 4TH
         BATTALION, NAHAN, DISTRICT SIRMOUR,
         HIMACHAL PRADESH.               ...... RESPONDENTS

         (BY MR. ASHWANI K. SHARMA, ADDITIONAL
         ADVOCATE GENERAL)
    ___________________________________________________




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          This Civil Writ Petition coming on for admission this day, Hon'ble

    Ms. Justice Sabina, passed the following:




                                                                  .

                              ORDER

Learned counsel for the petitioner submits that the issue in question is squarely covered by the judgment rendered by a Coordinate Bench of this Court in CWP No. 3628 of 2020, in case titled as Inder Singh versus State of H.P. & Others, decided on 05.01.2021. This is a matter, which is required to be examined by the respondents.

2. Having regard to the limited submissions and without going into the merits of the case, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner in light of the aforementioned judgment rendered by a Coordinate Bench of this Court in Inder Singh's case (supra).

3. Pending miscellaneous application(s), if any, shall also stand disposed of.





                                                       ( Sabina )
                                                  Acting Chief Justice



                                                     ( Satyen Vaidya)
    June 3, 2022 (ks)                                     Judge




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