K.S. Tomar vs . State Of H.P. & Another
2022 Latest Caselaw 2009 HP

K.S. Tomar Vs. State of H.P. & another

CWP No. 1331 of 2020

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19.4.2022 Present: Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the petitioner.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Learned Additional Advocate General has

placed on record instructions dated 18.4.2022,

relevant portion whereof reads as under:

"I am directed to refer to your letter

No. CWP 1331/2020/12590, dated 01­04­2022 on the subject cited above vide which it has been intimated that the case CWP No. 1331/2020 titled

as "K.S. Tomar versus State of H.P. & others" was

listed before the Hon'ble High Court on 29.03.2022 when the Hon'ble High Court has passed the following orders:

"List on 19.4.2022. In the meanwhile, the respondents to obtain latest instructions.

It is made clear that pendency of SLP, as was sought to be relied upon, on account of which decision in the instant case is held up, has nothing to do with the issue, as the dispute in SLP relates to retired Government servants. Whereas, in the instant case, the dispute is regarding the person who held the public post/post under the Government for the first time as Chairman of Public Service Commission."

2. The attention is invited to the previous instructions dated 05.11.2020 & 17.12.2020, copies are enclosed as Annexure­1 & Annexure­II. In this regard, it is submitted that after these

instructions, the opinion of Law Department was received on 27.10.2021, which is enclosed as Annexure­III. However, in view of the Hon'ble High Court's observations made in the last hearing

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dated 29.03.2022, it has been decided by the

competent authority that the matter will be deliberated in the Cabinet and this matter is being placed before the Council of Ministers for

deliberation and appropriate orders. Accordingly, it is requested that the Hon'ble High Court may kindly be apprised of the above factual position on

the next date of hearing."

2. Now that the respondents themselves

have decided to place the case of the petitioner before

the Council of Ministers for deliberation and

appropriate orders, we deem it proper to adjourn the

hearing of this case by four weeks.

3. List on 17.5.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

Smt. Suraksha Ranta Vs. State of H.P.

CWPOA No. 7985 of 2019

19.4.2022 Present: Mr. Ravi Tanta, Advocate, for the petitioner.

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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

The sole petitioner is stated to have died.

Let consequential steps for bringing on record her

legal representatives be taken within six weeks. List

on 21.6.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

Hem Raj Pathania Vs. Stat of H.P. and others

CWP No. 2978 of 2019

19.4.2022 Present: Mr. Sanjay Singh Chauhan, Advocate, for the petitioner.

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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Fresh status report is stated to have been

filed. However, the same is not on record. Let the

same be traced and placed on record. List on

26.4.2022.

In the meanwhile, the Divisional

Commissioner, Mandi, to whom the case has been

forwarded, shall consider the grant of requisite

permission, as envisaged under Section 85 of the

Himachal Pradesh Land Revenue Act, 1954.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

Ashwani Kumar Vs. State of H.P. & ors CWP No. 4260 of 2020

19.4.2022 Present: Mr. Ramakant Sharma, Advocate, for the petitioner.

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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for

the respondents­State.

Mr. Anil K. God, Advocate, for respondent No. 3.

Despite repeated opportunities, the

respondents have failed to file reply since 7.10.2020.

However, as a matter of sheer indulgence

and by way of last opportunity, respondents are

granted three weeks' further time to file reply, failing

which right to file the reply shall be deemed to have

been closed by the order of the Court.

List on 17.5.2022.

CMP No. 11510 of 2020

Notice. Mr. Vinod Thakur, learned Addl.

A.G. and Mr. Anil K. God, Advocate appear and waive

service of notice on behalf of respective non­

applicants. They pray for and are granted four weeks'

time to file reply.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

HPSID Corp. Ltd. Vs. D.C. Shimla & ors

CWP No. 1658 of 2020

19.4.2022 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.

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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Mr. Harish Sharma, Advocate, for

respondent No. 5.

After arguing for sometime, learned

counsel for the petitioner prays for an adjournment.

Prayer allowed. List on 26.4.2022.

(Tarlok Singh Chauhan)

Judge

(Chander Bhusan Barowalia)

Judge April 19, 2022 (Kalpana)

Tek Chand Dhiman Vs. State of H.P. & others

CWP No. 2004/2019, CWPOA No. 8243 of 2019, 3472/2019, 7052 of 2019, 7900/2019, CWP No. 4657/2020, CWPOA No.

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42 of 2020, 140 of 2020, 143 of 2020

3938, 4618, 6793, 7283 of 2020, CWP No. 1434 of 2021, CWP Nos 1456, 3812, 4238, 4289, 4742, 4745,

4897, 8113 of 2021, CWPOAs No. 2244 of 2019

19.4.2022 Present: Mr. Surinder Kumar Sharma, Mr. Surinder Saklani, Mr. Ashok Kumar, Mr.

H.S. Rangra, Mr. Prakash Sharma, Mr. Rakesh Kumar Dogra, Mr. Rajneesh K. Lal, Mr. Peeyush Verma, Mr. Vishwa Bhushan and Mr. Y.P.S. Dhaulta,

Advocates for the respective petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Mr. Rangil Singh, Advocate for respondent

No. 5 in CWPOA No. 3812 of 2021.

List on 26.4.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

Rajeev Mankotia & ors Vs. State of H.P. & others

LPA No. 20 of 2020

19.4.2022 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the

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appellants.

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

Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Mr. Vikrant Thakur, Advocate, for

respondent No. 2.

Mr. B.C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate, for respondent

No. 4.

List on 26.4.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia)

Judge April 19, 2022

(Kalpana)

The Executive Director (Personnel) HPSEBL Vs. M/s Virgo Aluminium Ltd.

LPA No. 15 of 2019

19.4.2022 Present: Mr. T.S. Chauhan, Advocate, for the

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appellants.

Mr. O.C. Sharma, Advocate, for the respondent.

Learned counsel for the appellants prays

for and is granted four weeks' time to place on record

the additional documents.

List on 24.5.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

Jeewan Singh Vs. State of H.P. & others

CWP No. 730 of 2021 a/w CWP Nos 1978, 1957 and 1434 of

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19.4.2022 Present: Mr. Surinder Kumar Sharma, Advocate,

for the petitioner(s).

Mr. Ashok Sharma, Advocate General

with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

List on 26.4.2022 alongwith CWP Nos.

5417 of 2020 and 5660 of 2020.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

S.S. Chaudhary Vs. State of H.P. and others

CWPOA No. 3145/2019 a/w CWP Nos 2360 of 2019, 3413/2019, CWPOA No.

8045 of 2019, CWP Nos 1367, 2420, 3198, 3570,3571, 4820 and 4886 of 2020,

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CWPOA Nos 25, 136, 2085, 4486, 4778,

4806, 5316, 5459, 5461, 5660, 5974, 6005, 6031, 6231, 7450, 7457, 7532, 7537, 7594 of 2020, CWP Nos 1330, 1351, 2276, 2245, 3403, 3687, 4506, 5063, 5644, 6487, 6573,

6586, 6794, 7147, 7259, and COPCT No. 33 of 2021.

19.4.2022 Present: M/s Subhash Sharma, Ashok Kumar, Vijay Bir Singh, S.P.Chatterjee, A.K. Gupta, Jagat Pal,

Ramakant Sharma, Mandeep Chandel, V.D. Khidta, P.O. Chauhan, H.S. Rangra, Vinay Sharma, Peeyush Verma, Sanjeev Kumar Suri, Rajneesh K. Lal, Vishwa Bhushan, YPS Dhaulta, B.C. Verma, Surinder Prakash Sharma, Neel r Kamal Sharma, Tara Singh Chauhan, Vinod Chauhan, Mohar Chand, D.S. Kaith, Rakesh

Kumar Dogra, and Shubham Sood, Advocates, for the respective petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs.

and Mr. Bhupinder Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

Mr. Balram Sharma, ASGI, for respondent­UOI.

Ms. Shubh Mahajan, Ms. Tim Saran, Mr. Karun

Negi, Mr. Vikas Rajput, Mr. Yashwant Singh, Mr. S.V. Bhardwaj, Mr. Vikrant Thakur, Mr. Lakshay Thakur and Mr. Naresh K. Gupta, Advocates, for the respective respondents.

List on 26.4.2022.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

Manjeet Singh & ors Vs. State of H.P. & anr

CWPOA No. 2812 of 2020

19.4.2022 Present: Ms. Shalini Thakur, Advocate for the petitioners.

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Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

List on 26.4.2022.

r to (Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

M/s Himachal Wire Industries Pvt. Ltd. Vs. Commissioner of Excise Chandigarh

CEA Nos 5 of2017 with CEA No. 4 of 2017, CEA Nos 3, 4 and 5 of 2018

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19.4.2022 Present: Mr. Atul Jhingan, Advocate, for the appellant(s).

Mr. Vijay Kumar Arora, Advocate, for the respondent(s).

One of the main issues, as raised in this

appeal, is stated to be covered by the judgment

rendered by this Court in Ranbaxy Laboratories Vs.

Commissioner of C.Ex. Chandigarh, 2012 (279)

ELT 194 (HP), however, the parties are ad­idem that

the aforesaid judgment has been assailed before the

Hon'ble Supreme Court and is pending consideration.

List in due course, reserving liberty to the

appellants to seek listing of the appeal as and when

the aforesaid matter is decided by the Hon'ble

Supreme Court.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge April 19, 2022 (Kalpana)

Yogita Devi Vs. State of H.P.

CWPOA No. 2926 of 2020

19.4.2022 Present: Mr. Arvinder Arora, Advocate, for the petitioner.

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Mr. Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

List on 26.4.2022.

r to (Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

Mamta Sharma Vs. State of H.P. & others

CWPOA No. 2921 of 2020

19.4.2022 Present: Mr. Arvinder Arora, Advocate, for the petitioner.

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Mr. Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs. and Mr. Bhupinder

Thakur & Mr. Y.S. Thakur, Dy. AGs, for the respondents­State.

List on 26.4.2022.

r to (Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

April 19, 2022 (Kalpana)

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