CWP/2975/2019
2021 Latest Caselaw 3232 HP

Ex.Pet. No. 42 of 2017

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26.07.2021Present: Ms. Meera Devi, Advocate, for the petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for respondents/ State.

(Through Video Conferencing )

At the request of learned Additional Advocate

General, list on 02.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge July 26, 2021

(sushma)

CWP No. 2360 of 2018

26.07.2021Present: Mr. B.M. Chauhan, Sr. Advocate with Mr. Ravinder

.

Thakur, Advocate, for the petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for respondents/ State.

(Through Video Conferencing )

Since the project in question stands commissioned,

therefore, no further orders are required to be passed in this

petition.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 1993 of 2019

26.07.2021Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents/State.

(Through Video Conferencing )

Learned counsel for the petitioner prays for an

adjournment. Allowed. List on 28.07.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge July 26, 2021

(sushma)

CWP No. 2504 of 2019

26.07.2021Present: Ms. Vandana Kuthiala, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals,Mr. J.S.Guleria and Mr. Bhupinder Thakur,

Deputy Advocate Generals,for the respondents/ State.

(Through Video Conferencing )

Learned counsel for the respondents prays for and is

granted four weeks' time to file counter affidavit.

List on 23.08.2021.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

Cr.A.No. 117 of 2020

26.07.2021Present: Mr. N.S. Chandel, Sr. Advocate with Mr. Rajesh

.

Verma, Advocate, for the appellant.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

As prayed for, list on 28.07.2021.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

Cr.A.No. 116 of 2020

26.07.2021Present: Mr. N.S. Chandel, Sr. Advocate with Mr. Rajesh

.

Verma, Advocate, for the appellant.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

As prayed for, list on 28.07.2021.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWPOA No. 1586 of 2020

26.07.2021Present: Mr. Narender Sharma, Advocate, for the petitioner..

.

Mr. Raman Jamalta, Advocate, for the respondents.

(Through Video Conferencing )

CMP(T) No. 1882 of 2020

Allowed, as prayed for.

CWPOA No. 1586 of 2020

Admit.

r ( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWPOA No. 2351 of 2020

26.07.2021Present: Mr. Rajesh Kumar Parmar, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

r to CMP­T No. 1806 of 2020

Allowed, as prayed for. The application stands

disposed of.

CWPOA No. 2351 of 2020.

Admit.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWPOA No. 2674 of 2020

26.07.2021Present: Ms. Archana Dutt, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

CWPOA No. 2674 of 2020.

Admit. List for hearing after three weeks.

CMP­T No. 2184 of 2020

In view of the order passed in the main petition, the

application for early hearing has been rendered infructuous and is

disposed of as such.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

Ex.Pet. No. 114 of 2021

26.07.2021Present: Mr.Ramakant Sharma,Advocate, for the petitioners.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

Compliance affidavit not filed. The same be positively

filed within a week, failing which both the respondents shall

personally appear before this Court on the next date of hearing.

List on 02.08.2021.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021

(sushma)

CWP No. 150 of 2019

26.07.2021Present: Mr. Vinay Kuthiala, Senior Advocate with Mr. Devi

.

Singh Verma, Advocate, for the petitioner.

Ms. Bharti Kayshap, Advocate, vice Mr. Vikrant Thakur, Advocate, for respondents No. 1 to 3.

None for respondent No.4.

Ms. Parul Negi, Advocate, Legal Aid Counsel for

respondent No.5.

(Through Video Conferencing )

Learned counsel for the petitioner states that suit

filed by 5threspondent has been dismissed in default twice Learned

counsel for respondent No.5 states that the case in fact is listed

for further proceedings on 04.08.2021. Let Registry to verify the

status of Civil Suit No. 39 of 2018 filed before the Learned Civil

Judge, Palampur by the next date.

List on 28.07.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge July 26, 2021 (sushma)

.

CWP No. 2272 of 2019

26.07.2021Present: Mr. B.C.Negi, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for respondents No. 1 to 3/ State.

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2874 of 2019

26.07.2021Present: Mr. Rakesh Kumar Dogra, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents / State.

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2974 of 2019

26.07.2021Present: Mr. Vikas Rajput, Advocate, for the petitioners.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents / State.

(Through Video Conferencing )

Admit.

Pleadings be completed within eight weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2874 of 2019

26.07.2021Present: Mr. Rakesh Kumar Dogra, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents / State.

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2975 of 2019

26.07.2021Present: Mr. Hemant Kumar Thakur, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for respondent No.1/ State.

Mr. Imran Khan,Advocate, for respondents No. 2 and

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWP No. 2977 of 2019

26.07.2021Present: Ms. Kiran Dhiman, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for respondents No. 1 to 3 / State.

(Through Video Conferencing )

Admit.

Pleadings be completed within eight weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2978 of 2019

26.07.2021Present: Mr. Nitish Kaith, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents / State.

(Through Video Conferencing )

Learned Additional Advocate General prays for and

is granted two weeks time to obtain instructions.

List on 09.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP. No. 3077 of 2019

26.07.2021Present: Ms. Babita Sharma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. J.S. Guleria & Mr.

Bhupinder Thakur, Deputy Advocate Generals, for the respondents /State.

(Through Video Conferencing )

Leaving all the questions of law open, admit.

Pleadings be completed within eight weeks.

List thereafter for hearing.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP. No. 3078 of 2019

26.07.2021Present: Ms. Babita Sharma, Advocate, for the petitioner.

.

Mr. Anil Kumar God, Advocate, for the respondents.

(Through Video Conferencing )

Admit. Pleadings are complete. List for hearing in

due course.

r to ( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge July 26, 2021 (sushma)

CWP. No. 3080 of 2019

26.07.2021Present: Ms. Babita Sharma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. J.S. Guleria & Mr.

Bhupinder Thakur, Deputy Advocate Generals, for the respondents /State.

(Through Video Conferencing )

Leaving all the questions of law open, admit.

Pleadings be completed within eight weeks.

List thereafter for hearing.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP. No. 1656 of 2020 a/w CWP No. 2277 of 2019

26.07.2021Present: Mr. Hamender Singh Chandel, Advocate, for the

.

petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional

Advocate Generals and Mr. J.S. Guleria & Mr. Bhupinder Thakur, Deputy Advocate Generals, for respondents No. 1 and 2 /State.

Mr. Sunil Awasthi, Advocate, for respondents No. 3 to 5.

(Through Video Conferencing )

Learned Additional Advocate General prays for and

is granted two weeks' time to obtain instructions.

List on 09.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWP. No. 4356 of 2020

26.07.2021 Present: Mr. V.B. Verma, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. J.S. Guleria & Mr.

Bhupinder Thakur, Deputy Advocate Generals, for respondent No. 1 /State.

Mr. N.K. Gupta, Advocate,for respondents No. 2 and

Mr. P.P. Chauhan, Advocate, for respondents No. 4 to

(Through Video Conferencing )

Respondents No. 4 to 6 have filed separate reply

wherein, in para­1 of the preliminary objections reads as under:­

"That no fundamental or constitutional right whatsoever of the petitioner has been infringed and as such the writ petition is not maintainable. Notwithstanding, it is most

humbly submitted that the respondent MC had already

sanctioned MC Road From Gurucharan House near Green House RA 0/0 to 0/050 ( SH:­ C/o R/Wall at RD 0/0 to

0/025 ) in Ward No.3 vide letter dated 15.12.2018 ( Annexure R/4­1) and in case the directions are issued to the respondent MC to execute the said work, the problem being posed by the petitioner will be automatically solved. So far as sewerage related issue is concerned , in this regard all residents of the Hari Cottage had already represented to the Commissioner of the respondent MC on 23.07.2020 ( Annexure R/4­2 ) and no action in this regard has been taken till date."

Confronted with this, learned Standing Counsel for

Municipal Corporation, prays for and is granted two days' time to

seek instructions.

List on 04.08.2021.

.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge July 26, 2021 (sushma)

r to

CWP No. 4089 of 2021

26.07.2021Present: Mr. Ajay Vaidya, Advocate, for the petitioners.

.

Mr. Arvind Sharma, Advocate, for the respondents.

(Through Video Conferencing )

CMP No. 8208 of 2021

Allowed and disposed of.

CWP No. 4089 of 2021 and CMP No. 8209 of 2021

Registry is directed to reflect the name of Mr. Arvind

Sharma, Advocate in the cause list henceforth.

List on 28.07.2021.

CMP No. 8210 of 2021.

The application is disposed of with the direction to

the applicant to file translated copies of documents within four

weeks.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge July 26, 2021 (sushma)

.

CWP. No. 4154 of 2020

26.07.2021Present: Mr. Onkar Jairath, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur & Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. J.S. Guleria & Mr.

Bhupinder Thakur, Deputy Advocate Generals, for the respondents /State.

(Through Video Conferencing )

Rejoinder to the reply of respondent No. 4 is stated to

have been filed. However, the same is not on record. Learned

counsel to follow up with the Registry.

List on 26.07.2021.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

.

.

CWP No. 2471 of 2019

26.07.2021Present: Mr. B.C. Negi, Sr. Advocate, with Mr. Nitin Thakur,

.

Advocate, for the petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate

Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for respondents No. 1 and 2/ State.

Ms. Aruna Chauhan, Advocate, for respondents No.

3 and 4.

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWP No. 2480 of 2019

26.07.2021Present: Ms. Babita, Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for the respondents/ State.

(Through Video Conferencing )

Admit.

Pleadings be completed within eight weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

CWP No. 2272 of 2019

26.07.2021Present: Mr. Neeraj K.Sharma,Advocate, for the petitioner.

.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Deputy Advocate Generals, for respondents No. 1 to 3/ State.

(Through Video Conferencing )

Admit.

Pleadings be completed within six weeks. List

thereafter for hearing.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

Ex.Pet. No. 184 of 2021

26.07.2021Present: Mr. Bhupinder S.Thakur, Advocate,for the petitioner.

.

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

(Through Video Conferencing )

Learned counsel for the respondents prays for and is

granted a week's time to file compliance affidavit.

r to List on 02.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

Ex.Pet. No. 131 of 2021

26.07.2021Present: Mr. M.L.Sharma, Advocate, for the petitioner.

.

Ms. Bharti Kayshap, Advocate vice Mr. Vikas Rajput, Advocate, for the respondents.

(Through Video Conferencing )

Learned vice counsel appearing for the respondents

prays for and is granted a week's time to file compliance affidavit.

r to List on 02.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

Ex.Pet. No. 163 of 2021

26.07.2021Present: Mr. Pawan K. Sharma, Advocate, for the petitioner.

.

Ms. Bharti Kayshap, Advocate vice Mr. Vikas Rajput, Advocate, for the respondents.

(Through Video Conferencing )

Learned vice counsel appearing for the respondents

prays for and is granted a week's time to file compliance affidavit.

r to List on 02.08.2021.

( Tarlok Singh Chauhan ) Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

Ex.Pet. No. 99 of 2021

26.07.2021Present: Mr. H.R. Bhardwaj, Advocate, for the petitioner.

.

Ms. Shubh Mahajan, Advocate, for the respondents.

(Through Video Conferencing )

Learned counsel for the respondents prays for and is

granted a week's further time to comply with the judgment in

question.

List on 02.08.2021.

r ( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya )

Judge July 26, 2021 (sushma)

CWPOA No. 2945 of 2020

26.07.2021Present: Mr. Jai Dev Thakur, Advocate, for the petitioner.

.

Mr. Raj Kumar Negi, Advocate, for the respondent.

(Through Video Conferencing )

CWPOA No. 2945 of 2020.

Admit. List for hearing after three weeks.

CMP­T No. 2239 of 2020

In view of the order passed in the main petition, the

application for early hearing has been rendered infructuous and is

disposed of as such.

( Tarlok Singh Chauhan )

Judge

( Satyen Vaidya ) Judge

July 26, 2021 (sushma)

.

.