CWP/5490/2020
2021 Latest Caselaw 649 HP

CWP No. 5490 of 2020 with CWP No. 68 of 2021

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CWP No. 5490 of 2020

22.01.2021 Present: Mr. Subhash Sharma, Advocate, for the petitioners.

M/s Narender Guleria and Vikas Rathore, Additional Advocate Generals with M/s Bhupinder Thakur, Gaurav Sharma and Ms. Divya Sood, Deputy Advocate Generals for the respondents-State.

Ms. Leena Guleria, Advocate for respondent No. 5.

r CWP No. 68 of 2021

Mr. B .Nandan Vashisht, Advocate, for the petitioner.

M/s Narender Guleria and Vikas Rathore, Additional Advocate Generals with M/s Bhupinder Thakur, Gaurav Sharma and Ms. Divya Sood, Deputy Advocate Generals for the respondents-State.

THROUGH VIDEO CONFERENCE

CWP No. 5490 of 2020.

Ms. Megha Kapur Gautam, learned counsel submits that

she is appearing on behalf of Principal, Himalayan International School,

Chharabra, who intends to be impeaded as party/respondent in the

present petition, for which she shall file an appropriate application for

impleadment. Ms. Megha further submits that she wants to intervene on

behalf of the Principal, Himalayan International School, Chharabra, on

the ground that she has resigned and keys of the School are still with

her, but she does not want to hand over the same to the School in the

absence of any Security Guard.

Given above, let Principal, Himalayan International

School, Chharabra, through Ms. Megha Kapur Gautam, Advocate

hand over the keys to Mr. Vikas Rathore, learned Additional Advocate

General. It is for the State to consider the appointment of Arbitrator for

the required purpose.

List on 27.1.2021.

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CWP No. 68 of 2021.

List alongwith CWP No. 5490 of 2020.

Copy dasti

(Anoop Chitkara) Vacation Judge

January 22, 2021 (st/rk)

Cr.MP(M) No. 411 of 2020

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22.01.2021 Present: Mr. Vijender Katoch, Advocate, for the petitioner.

M/s Narender Guleria and Vikas Rathore, Additional Advocate Generals with M/s Bhupinder Thakur,

Gaurav Sharma and Ms. Divya Sood, Deputy Advocate Generals for the respondent-State.

THROUGH VIDEO CONFERENCE

Since applicant/petitioner is sentenced under POCSO

Act, hence this Court deems it fit to hear the entire matter. List on 5 th

March, 2021.

Cr.M.P. No. 1741 of 2020.

No case is made out for suspension of sentence at this

stage, hence, application is accordingly dismissed.

(Anoop Chitkara) Vacation Judge

January 22, 2021 (st/rk)

COPC No. 14 of 2021

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22.01.2021 Present: Mr. D. Bhattacharya, Mr. Rajesh Kumar Parmar and Ms.

Neha, Advocates for the petitioner.

THROUGH VIDEO CONFERENCE

List on 28th January, 2021.

(Anoop Chitkara) Vacation Judge

January 22, 2021 (st/rk)

Cr.MP(M) No. 108 of 2021

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22.01.2021 Present: Mr. Pradeep Kumar, Advocate, for the petitioner.

M/s Narender Guleria and Vikas Rathore, Additional Advocate Generals with M/s Bhupinder Thakur,

Gaurav Sharma and Ms. Divya Sood, Deputy Advocate Generals for the respondent-State.

THROUGH VIDEO CONFERENCE

The petitioner, who is under arrest on being arraigned as

accused, has come up before this Court under Section 439 CrPC,

seeking bail.

Learned Counsel for the petitioner states on instructions

that the accused has no criminal history, and so the status report.

NOTICE.

Learned Additional Advocate General, waives service,

and accepts notice on behalf of the respondent. Let the State obtain a

status report through e-mail/ WhatsApp or whatever mode. The

Investigator needs not to remain present in Court. However, if the

Investigator wants to show the case file to the Court, she may inform the

Office of the learned Advocate General or mention it in the status

report.

List on 27.01.2021.

(Anoop Chitkara) Vacation Judge

January 22, 2021 (st/rk)

CWP No. 541 of 2021

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22.01.2021 Present: Mr. B.N. Sharma, Advocate, for the petitioner.

Mr. Vijay Arora, Advocate, for respondents.

( Through Video Conference)

CMP No. 894 of 2021

Allowed and disposed of.

CWP No. 541 of 2021 and CMP No. 895 of 2021

Notice. Mr. Vijay Arora Advocate, appears and

accepts service of notice of behalf of the respondents.

List on 28th January, 2021. Learned counsel for the

respondents to have instructions in the meanwhile.

(Anoop Chitkara) Vacation Judge

22nd January , 2021

(rk/st)

CWP No. 2 of 2021

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22.01.2021 Present: Mr. Ajay Sharma, Senior Advocate with Ms.

Anandita Sharma, Advocate, for the petitioner.

( Through Video Conference)

CWP No. 2 of 2021 and CMP No. 889 of 2021

Notice to the respondents returnable for 8 th February, 2021,

on taking steps by tomorrow.

Vide this Civil revision judgment debtor is seeking stay of

impugned order dated 16.01.2021, passed by learned Civil Judge,

Nahan, District Sirmaur, H.P.

I have heard learned counsel for the petitioner and gone

through the record. Para 10 of impugned order, which is innocuous,

reads as under:-

"10. Before parting with the order, I deem if appropriate to

direct the Revenue Agency after proper compliance of the order passed by this Court referred supra, in case, it is

established on record that the dwelling house in dispute whose 1/4th share was to be provided to decree holder exist

on some new corresponding Khasra number which has now arisen out of the old Khasra numbers then they are directed to execute the warrant of possession taking the help of police also."

However, Mr. Ajay Sharma, Senior Advocate assisted by

Ms. Anandita Sharma, Advocate, is insisting upon that in case the

impugned order is not stayed, it shall cause irreparable loss to the

judgment debtor.

Ms. Anandita Sharma, Advocate states at Bar that Khasra

No. 1696 does not found part of Khasra No. 1007.

Given above, impugned order dated 16.01.2021 shall

remain stayed till the next date.

List on 08.02.2021 before the appropriate Bench. It is

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clarified that this interim order shall automatically vacate on

08.02.2021, unless extended by the learned coordinate Bench after

assessing the matter afresh.

"Copy Dasti"

(Anoop Chitkara) Vacation Judge

22nd January , 2021 (rk/st)

CWP No. 537 of 2021

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22.01.2021 Present: Mr. Daviender K Sharma, Advocate for the

petitioner.

M/s Narender Guleria and Vikas Rathore, Additional Advocate Generals with M/s

Bhupinder Thakur, Gaurav Sharma and Ms.Divya Sood, Deputy Advocate Generals for respondents No.1 and 2.

Mr.Vinod chauhan, Advocate for respondent

No. 3.

( Through Video Conference)

CMP No. 883 of 2021

Allowed and disposed of.

CWP No. 537 of 2021

Notice. Mr. Vikas Rathore, learned Additional

Advocate General and Mr. Vinod chauhan, Advocate,

appear and accept service of notice of behalf of

respondents No.1 & 2 and 3 , respectively.

Heard. Order reserved.

CMP No. No. 884 of 2021

The application, for reasons stated therein, is

allowed. Consequently, the applicant-petitioner is

exempted from filing the typed and translated copies of

the annexure P-1 and P-2. The application stands

disposed of.

(Anoop Chitkara) Vacation Judge

22nd January , 2021 (rk/st)

CWP No. 538 of 2021

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22.01.2021 Present: Mr. Daviender K Sharma, Advocate for the

petitioner.

M/s Narender Guleria and Vikas Rathore,

Additional Advocate Generals with M/s Bhupinder Thakur, Gaurav Sharma and Ms.Divya Sood, Deputy Advocate Generals for respondents No.1 and 2.

Mr.Vinod chauhan, Advocate for respondent

No. 3.

( Through Video Conference)

CMP No. 886 of 2021

Allowed and disposed of.

CWP No. 538 of 2021

Notice. Mr. Vikas Rathore, learned Additional

Advocate General and Mr. Vinod Chauhan, Advocate,

appear and accept service of notice of behalf of

respondents No.1 & 2 and 3 , respectively.

Heard. Order reserved.

CMP No. No. 887 of 2021

The application, for reasons stated therein, is

allowed. Consequently, the applicant-petitioner is

exempted from filing the typed and translated copies of

the annexure P-1 and P-2. The application stands

disposed of.

(Anoop Chitkara) Vacation Judge

22nd January , 2021 (rk/st)