CWP/4972/2020
2021 Latest Caselaw 2445 HP

CWP No. 5586 of 2020 24.03.2021 Present: Ms. Sheetal Vyas, Advocate, for the petitioner.

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Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder Thakur,

Dy. AGs, for the respondents-State.

It has specifically come in para 5 of the reply filed

by the respondents, on merits, that the petitioner/life-convict

has completed 14 years of substantive sentence, as required

under Section 433A of the Code of Criminal Procedure, and his

case for premature release was duly processed by the

concerned Superintendent of Jail, as well as with the Presiding

Judge of the Convicting Court for recommendation and opinion,

vide letter No. 3839-44, dated 19.07.2019, and subsequent

reminders have also been sent to the different authorities to

expedite report on it by Superintendent Jail, Model Central Jail

Nahan, District Sirmour, H.P. However, reports of District

authorities are still awaited, due to which the premature release

of the petitioner could not be placed before the State Sentence

Review Board, Himachal Pradesh.

In this view of the matter, the concerned District

authorities are directed to process the case of the petitioner as

expeditiously as possible and in no event latter than two weeks

from today, so that the case of the petitioner for premature

release, if any, can be placed before the State Sentence Review

Board, Himachal Pradesh.

For compliance, list on 7th April, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWP No. 4416 of 2020

24.03.2021 Present: Mr. Sanjeev Kumar Suri, Advocate, for the

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petitioner.

Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Dy. AGs, for respondents No. 1 & 2/State.

Mr. Shivam, Advocate, vice Mr. Adarsh K. Vashistha, Advocate, for respondent No. 3.

r to List on 31st March, 2021.

(Tarlok Singh Chauhan)

Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)

CWP No. 4731 of 2020

24.03.2021 Present: Mr. Sanjeev Kumar Suri, Advocate, for the

.

petitioner.

Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Dy. AGs, for the respondents-State.

List on 31st March, 2021, alongwith CWP No.

4416 of 2020.

r to (Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWP No. 4972 of 2020 24.03.2021 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.

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Mr. Vinod Thakur and Vikas Rathore, Addl.

AGs, with Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for the respondents-State.

Mr. Vinod Chauhan, Advocate, for respondent No. 7.

Mr. K.D. Sood, Sr. Advocate, with Mr. Het Ram Thakur, Advocate, for respondent No. 40.

Learned counsel for respondent No. 40 has

placed on record short affidavit, which is taken on record.

This Court in CWP No. 777 of 2020, on

17.03.2021, passed the following order:

"Learned Advocate General has placed on record

instructions dated 16.03.2021, which are made part of the case file. The Deputy Commissioner, Solan had called a meeting of all the stakeholders on

15.03.2021 so as to reach at conclusive decision

regarding fixation of freight charges. It has been stated that the different stakeholders sought some more time to mutually reach at rational and uniform

freight rates. It has further been decided that failing which the Committee shall be constituted to recommend such rates to the Deputy Commissioner. In this view of the matter, we deem it proper to adjourn the hearing of this petition for one month."

Even though, this petition was connected with

the aforesaid petition, expecting that the law and order

situation would improve with the passage of time, in the

wake of the aforesaid order. However, the condition has not

improved, as is clearly evident from the affidavit, which has

been filed on behalf of the Deputy General Manager, Indane

Bottling Plant, Mehatpur, District Una, H.P., relevant portion

whereof reads as under:

...2...

.

"1. That it is respectfully submitted that the

petitioner has not given work order for transportation of the gas cylinders from the Indane Bottling Plant,

Mehatpur and in terms of the work order dated 28.02.2017 the petitioner is being given work for transportation of cylinders. However, the local transport union creates disturbances and does not

allow the trucks of M/s Bangana Gas Service to ply at Una Bottling Plan. On 19.11.2020, M/s Bangana Gas Trucks arrived at Una BP for loading with

assistance of local police the Transport Union did not allowed them to take their trucks inside the plan and

Truck Union declared on strike at plant. Hence, the petitioners requested through their communication dated 09.01.2021 that it had three trucks which were

lying stranded because the union people don't permit to ply the trucks and that he may be permitted to attach the trucks for transportation purpose with

LPG Bottling Plant Goindwal Sahib Plant in Punjab.

On the request of the petitioner the work as and when available is given to the petitioner from the Goindwal Sahib Plant. Punjab by the Indian Oil

Corporation.

2. That the dispute of the petitioner with the local truck operators union at Una deserves to be sorted out. The replying respondent has no objection for allotting the work to the petitioner from the Indane Bottling Plant at Una. Copy of the letter of the petitioner ref. BGS172 dated 09.01.2021 requesting the DGM(P), Indane Bottling Plant, Mehatpur is attache4d as Annexure R-4/1. It is submitted that it is the local transport union which is creating disturbance and not allowing the trucks of MK/s Bangana Gas Service to ply at Indane Bottling Plant, Mehatpur and the petitioner may sort out his dispute with the truck operator union at Una."

In the given circumstances, we direct Incharge

...3...

Police Post, Mehatpur, District Una, H.P., and Station House

.

Officer, Police Station Sadar Una, District Una, H.P., to be

present on the next date of hearing alongwith the relevant

records.

In the meanwhile, we direct Superintendent of

Police, Una, District Una, to ensure that the local transport

unions do not create any disturbance or obstruct the trucks

of the petitioners to ply at Una Bottling Plant.

List on 31st March, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge 24th March, 2021 (sanjeev/virender)

CWP No. 5134 of 2020 with CWPs No. 5135 & 5561 of 2020

24.03.2021 Present: Mr. Manik Sethi, Advocate, for the petitioner(s),

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in all the petitions.

Mr. Vishal Thakur, Advocate, vice Mr. Vikrant Thakur, Advocate, for respondent No. 1.

Mr. N.K. Sood, Sr. Advocate, with Mr. Gaurav Sharma, Advocate, for respondent No. 2.

Learned counsel for the respondents prays for

r to and are granted four weeks' time to file replies.

List on 28th April, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWP No. 5992 of 2020 with CWP No. 81 of 2021

CWP No. 5992 of 2020

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24.03.2021 Present: Mr. Manik Sethi, Advocate, for the petitioner.

Mr. N.K. Sood, Sr. Advocate, with Mr. Tara Singh

and 4.

CWP No. 81 of 2021

Mr. Manik sethi, Advocate, for the petitioner.

Mr. N.K. Sood, Sr. Advocate, with Mr. Tara Singh rChauhan, Advocate, for the respondents.

Replies are stated to have been filed only today.

List on 31st March, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)

.

CWP No. 4756 of 2020

24.03.2021 Present: Mr. Vinod Thakur, Advocate, for the petitioners.

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Mr. Ajay Vaidya, Sr. Addl. AG, for respondents No. 1 & 2.

Ms. Shailja, Advocate, vice Mr. Neel Kamal Sharma, Advocate, for respondent No. 3.

Learned Senior Additional Advocate General

prays for and is granted two days' more time to file reply.

rList for consideration on 31st March, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge 24th March, 2021 (sanjeev/virender)

CWP No. 5554 of 2020

24.03.2021 Present: Mr. Vinod Thakur and Vikas Rathore, Addl. AGs,

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with Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Dy. AGs, for the petitioner-State.

Mr. Bimal Gupta, Sr. Advocate, with Mr. V.B.

Verma and Ms. Poonam Mokta, Advocates, for respondents No. 1 to 4.

Mr. Vipin Pandit, Advocate, for applicant In CMP No. 2367of 2021.

r to CMP No. 2367 of 2021

Replies on behalf of non-applicants are stated to

have been filed. However, the same are not on record. If in

order the same be placed on record.

List on 28th April, 2021. In the meanwhile,

rejoinder(s), if any, be filed.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)

CWP No. 5201 of 2020

24.03.2021 Present: Mr. Sanjeev Kumar Motta, Advocate, vice Mr.

.

Vikas Rajput, Advocate, for the petitioner.

Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder

Thakur, Dy. AGs, for the respondents-State.

Learned Additional Advocate General states that

affidavit in compliance to the directions passed by this Court

r to on 10.03.2021, is being filed during the course of the day.

As prayed for, list on 31st March, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWP No. 1443 of 2021

24.03.2021 Present: Mr. K. D. Shreedhar, Sr. Advocate with Ms.

.

Shreya Chauhan, Advocate, for the petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1 & 2/State.

Mr. Vishal Thakur, Advocate, vice Mr. Vikrant Thakur, Advocate, for respondent No. 3.

r to List on 30th March, 2021.

(Tarlok Singh Chauhan)

Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)

CWP No. 1387 of 2021

24.03.2021 Present: Mr. Manik Sethi, Advocate, for the petitioner.

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Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder Thakur,

Dy. AGs, for respondents No. 1 to 3/State.

Mr. Vishwa Bhushan, Advocate, for respondent No. 4.

Arguments heard. Judgment reserved.

(Tarlok Singh Chauhan) r Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021

(sanjeev/virender)

CWP No. 1271 of 2021

24.03.2021 Present: Mr. Bimal Gupta, Sr. Advocate with Ms. Poonam

.

Mokta, Advocate, for the petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1 & 3/State.

Mr. Ajeet Saklani, Advocate, for respondent no.

Mr. H. S. Rangra, Advocate, for respondent No.

rCourt time is over. List on 30th March, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021

(sanjeev/virender)

CWP No. 760 of 2021 a/w COPC No. 28 of 2021

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24.03.2021 Present: Mr. Rakesh Kumar, Advocate, for the petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1 to 3/State.

Learned counsel for the petitioner states that

one of the posts of TGT (Arts) is falling vacant on 31.03.2021

Mahadev, r to on account of retirement of the present incumbent at GSSS

Sundernagar. Learned Additional

General prays for and is granted a week's time to obtain Advocate

instructions.

List on 30.03.2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWPOA No. 7134 of 2020

24.03.2021 Present: Mr. Onkar Jairath, Advocate, for the petitioner.

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Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with Mr. J.S. Guleria and Mr. Bhupinder Thakur,

Dy. AGs, for the respondents/State.

Despite the respondents having put to notice as

far as back on 03.07.2019, they have failed to file reply. As a

matter of sheer indulgence and by way of last opportunity

four weeks' further time is granted to do the needful, failing

which both the respondents shall personally appear before

this Court on the next date of hearing.

List on 05.05.2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge 24th March, 2021 (sanjeev/virender)

CWP No. 7003 of 2020

24.03.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Rakesh

.

Chaudhary, Advocate, for the petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1 to 3/State.

Rejoinder be filed within four weeks. List on

05.05.2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWPOA No. 6357 of 2020

24.03.2021 Present: Mr. Rupinder Singh Thakur, Advocate, for the

.

petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1 & 3/State.

Mr. Angrez Kapur, Advocate, for respondent No. 2.

r to Admit. Tag alongwith CWPOA No. 2596 of 2020.

(Tarlok Singh Chauhan)

Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)

CWP No. 3675 of 2020

24.03.2021 Present: Mr. Pushpinder Verma, Advocate, vice Mr. K. B.

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Khajuria, Advocate, for the petitioner.

Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur and Vikas Rathore, Addl. AGs, with

Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. AGs, for respondents No. 1, 2 & 4/State.

Mr. Sanjay Sharma, Advocate, for respondent No. 3.

Learned counsel for the petitioner prays for and

is granted a week's time to file rejoinder. List on 07.04.2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge 24th March, 2021 (sanjeev/virender)

CWP No. 3860 of 2019 a/w CWPOA No. 4323 of 2020

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24.03.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Rakesh

Chaudhary, Advocate, for the petitioner in CWP No. 38602 of 2019.

Mr. Atul G. Sood, Advocate, for the petitioner in CWPOA No. 433 of 2020.

Mr. Tara Singh Chauhan, Advocate, for respondents No. 1-Board.

Mr. Bimal Gupta, Sr. Advocate with Ms. Poonam Mokta, Advocate, for respondents No. r2, 4 and 6 to 8.

List on 5th May, 2021.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

24th March, 2021 (sanjeev/virender)