Citation : 2022 Latest Caselaw 7104 HP
Judgement Date : 24 August, 2022
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF AUGUST, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION No. 3256 of 2020
Between:-
SMT. SHAKUNTLA DEVI, W/O
SH. LEKH RAM, AGE 55 YEARS,
R/O V.P.O. CHAKMOH, TEHSIL
BARSAR, DISTRICT
HAMIRPUR, H.P., PRESENTLY
STENO TYPIST, BABA BALAK
NATH SANSKRIT COLLEGE,
CHAKMOH, TEHSIL BARSAR,
DISTRICT HAMIRPUR, H.P.
...PETITIONER
(BY SHRI ANKUSH DASS SOOD, SENIOR
ADVOCATE, WITH MR. RAMAKANT
SHARMA, ADVOCATE)
AND
1. STATE OF H.P. THROUGH
SECRETARY LANGUAGE AND
CULTURE, GOVT. OF H.P.,
SHIMLA.
2. BABA BALAK NATH TEMPLE
TRUST, DEOTSIDH, DISTT.
HAMIRPUR, THROUGH ITS
CHAIRMAN-CUM-SDO (CIVIL),
BARSAR, DISTT. HAMIRPUR,
H.P.
3. COMMISSIONER, BABA BALAK
NATH TEMPLE TRUST,
DEOTSIDH-CUM-DEPUTY
::: Downloaded on - 25/08/2022 20:02:19 :::CIS
2
COMMISSIONER, HAMIRPUR,
H.P.
.
4. CHAIRMAN, BABA BALAK
NATH TEMPLE TRUST,
DEOTSIDH-CUM SDO (CIVIL)
BARSAR, DISTT. HAMIRPUR,
H.P.
...RESPONDENTS
(M/S SUMESH RAJ, DINESH
THAKUR & SANJEEV SOOD,
ADDITIONAL ADVOCATE
GENERALS, WITH MR. AMIT
KUMAR DHUMAL, DEPUTY
ADVOCATE GENERAL AND MR.
MANOJ BAGGA, ASSISTANT
ADVOCATE GENERAL, FOR R-1.
MR. K. D. SOOD, SENIOR
ADVOCATE, WITH MS.
RANJANA CHAUHAN,
ADVOCATE, FOR R-2 TO R-4)
______________________________________________________
This petition coming on for hearing this day, the Court passed the
following:-
JUDGMENT
CIVIL WRIT PETITION No. 3256 of 2020 & CMP No. 11548 of 2022
By way of CMP No. 11548 of 2022 filed by the
applicants/respondents No. 2 to 4, a prayer has been made for placing on
record order dated 12.07.2022, passed by the Hon'ble Division Bench of this
Court in CMP No. 4636/2022 in LPA No. 284/2012, in which, the following
has been observed:-
"2. We have heard learned senior counsel for the non-applicants-appellants and learned senior counsel for
.
the applicant-respondent for some time. Learned Senior
Counsel for the parties have fairly agreed that, without being influenced by any of the orders passed in the Writ
Petitions and the Letters Patent Appeal, the decision, as stated in the order dated 22.04.2017 of the Deputy Commissioner-cum-Commissioner (Temple), can be taken
afresh by him, after hearing the parties. The decision, as agreed above, shall be taken within six weeks from today."
Accordingly, a prayer has been made before this Court that as the issues
involved in the present petition are akin to the one which were there in the
matter before the Hon'ble Division Bench, this petition be disposed of without
adjudication on merit, but with the direction that the case of the petitioner be
also considered by the respondents in terms of order dated 12.07.2022
passed by the Hon'ble Division Bench in LPA No. 284/2012. Ordered
accordingly.
2. As prayed for, these proceedings are ordered to be closed, with
the direction that without being influenced by whatever might have transpired
during the pendency of these proceedings, the grievance of the petitioner be
considered afresh by the respondents after hearing the parties and decision
thereupon be taken positively within a period of six weeks from today. It is
made clear that this Court has not expressed any opinion on the merits of the
case, but taking into consideration the issues which have been raised in the
petition, a sympathetic view be taken by the authorities concerned. Pending
miscellaneous applications also stand disposed of.
.
(Ajay Mohan Goel)
Judge
August 24, 2022
(bhupender)
r to
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