Kamlesh Kumar vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 2181 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.1290 of 2021.




                                                                        .

                                          Date of decision: 17.03.2021.


    Kamlesh Kumar                                                .....petitioner.





                                   Versus
    State of Himachal Pradesh and others
                                                             .....Respondents.



    Coram
                        r              to
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    Whether approved for reporting?1                   No
    For the Petitioner            :       Mr. Rajiv Rai, Advocate.



    For the Respondents:                   Mr. Ashok Sharma, Advocate
                                           General with Mr. Vikas Rathore,
                                           Mr. Vinod Thakur, Mr. Shiv Pal




                                           Manhans, Additional Advocate
                                           Generals and Mr. Bhupinder





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

                                           Mr. Navlesh Verma, Advocate, for





                                           respondent No.4.

                                           Mr.  Sudhir      Thakur,  Senior
                                           Advocate with Mr. Karun Negi,
                                           Advocate, for respondent No.5.




    1
     Whether the reporters of the local papers may be allowed to see the Judgment?Yes




                                                     ::: Downloaded on - 18/03/2021 20:14:23 :::HCHP
                                     2




    Tarlok Singh Chauhan, Judge (Oral)

The limited grievance of the petitioner was that

.

the impugned order dated 25.02.2021, whereby the interim

order passed in favour of the petitioner on 01.02.2021 was

ordered to be vacated, was passed without even a formal

notice to his client.

2. This position is not disputed by the respondents

and is otherwise borne out from the records. The main

matter is still pending adjudication before the Registrar,

Cooperative Societies, Shimla.

3. Therefore, in the given facts and circumstances,

we deem it proper to dispose of this petition by directing

the Registrar, Cooperative Societies, Shimla, to decide the

lis as expeditiously as possible and in no event later than

9th April, 2021.

4. In the meanwhile, the impugned order dated

25.02.2021 (Annexure P-1) will remain stayed. It is made

clear that the mere fact that this Court had stayed the

order passed by respondent No.2 shall have no effect

whatsoever on the merits of the case, which needless to

say, shall be decided by respondent No.2, on the basis of

the material available on record coupled with the

arguments addressed by the parties.

.

5. The writ petition stands disposed of in the

aforesaid terms, so also the pending application(s), if any.

(Tarlok Singh Chauhan) Judge

17th March, 2021.

(krt) to (Chander Bhusan Barowalia) Judge