Citation : 2021 Latest Caselaw 5090 HP
Judgement Date : 28 October, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 27TH DAY OF OCTOBER, 2021
BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN &
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION NO. 6499 of 2021 Between:-
GIAN CHAND, SON OF LATE SH.
STONE
r to
CHUNNI LAL, AGED 59 YEARS, PROP.
M/S AMBAY CRUSHER, SITUATED AT VILLAGE AND POST OFFICE BHARMOTI, TEHSIL NADAUN,
DISTRICT HAMIRPUR, H.P.
........ PETITIONER.
( BY MR. NIMISH GUPTA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH SECRETARY
(INDUSTRIES), TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-1.
2. DIRECTOR INDUSTRY TO THE
GOVT. OF HIMACHAL PRADESH, UDYOG BHAWAN, SHIMLA. H.P.
3. STATE GEOLOGIST TO THE GOVT. OF H.P UDYOG BHAWAN SHIMLA-1.
4. STATE ENVIRONMENT
PROTECTION & POLLUTION
CONTROAL BOARD, THROUGH ITS MEMBER SECRETARY NEW SHIMLA, SHIMLA 171009.
.....RESPONDENTS
( BY. MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. RAJINDER DOGRA, SR.
.
ADDITIONAL ADVOCATE GENERAL AND MR.
SHIV PAL MANHAS AND MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE GENERALS FOR RESPONDENTS NO. 1 TO 3.
MR. MAAN SINGH, ADVOCATE FOR RESPONDENT NO.4.)
This petition coming on for admission this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:-
r ORDER
Notice. Mr. Rajinder Dogra, learned Senior Additional
Advocate General and Mr. Maan Singh, Advocate appear and waive
service of notice on behalf of respective respondents.
2. The instant petition has been filed for grant of following
substantive reliefs:-
"A) Issue a writ in the nature of mandamus and
respondents be directed to renew the permanent registration of the crusher unit of the petitioner."
3. Since the matter is prima-facie covered by judgment
rendered by this Court in CWP No. 3711 of 2021 titled as M/s
Ghangal Stone Crusher vs. State of Himachal Pradesh & Ors.
decided on 16.08.2021, hence the present petition is disposed of
with the direction to the respondents to reconsider the application
submitted by the petitioner for the renewal of stone crusher strictly in
.
accordance with the orders clarified in CWP No. 3711 of 2021 within
a period of four weeks' from today.
4. For compliance to come up on 24.11.2021.
( Tarlok Singh Chauhan), Judge.
27th October, 2021
r (Jyotsna Rewal Dua),
(priti) Judge.
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