Nand Lal And Others vs State Of Hp And Others
2022 Latest Caselaw 11522 HP

                                                    1




    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                     Civil Writ Petition No.8896 of 2022
                                     Date of decision : 26th December, 2022




                                                                                .

    Nand Lal and others
                                                                         ...... Petitioners

                                     Versus





    State of HP and others
                                                                         ......Respondents
    Coram:
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.




    The Hon'ble Mr. Justice Virender Singh, Judge.
                                      1
    Whether approved for reporting?

    For the Petitioner          :    Mr. Bonit Parkash, Advocate, vice Mr. A.K.

                                     Gupta, Advocate.

    For the Respondents :            Mr. Anup Rattan, Advocate General with
                                     Mr. Shiv Pal Manhans & Mr. Vinod Thakur,
                                     Additional Advocate    General      and
                                     Mr. Bhupinder Thakur, Deputy Advocate


                                     General.

    Tarlok Singh Chauhan, Judge (oral)

Notice. Mr. Shiv Pal Manhans, learned Additional Advocate

General, appears and waives service of notice on behalf of the

respondents.

2. This petition has been filed on behalf of nine petitioners, which is

clearly misconceived as the cause of action as arraigned qua, all the

petitioners is separate and distinct. Under such circumstances, we

deem it appropriate to consider that the present petition has been filed

1 Whether reporters of Local Papers may be allowed to see the judgment?

on behalf of petitioner No.1 only. So far as the other petitioners are

concerned, they are at liberty to file separate petitions and in the event

of filing the same, they shall be exempted from payment of Court fees.

.

3. This petition has been filed by petitioner-Nand Lal, inter alia, with

the prayer that the respondents may be directed to issue bonafide

certificate in his favour with immediate effect. The contention of the

petitioner is that he is a permanent resident of Village and Post Office

Kullu, Tehsil and District, Kullu, H.P and has been residing at the

present place for more than 30 years. Reliance has been placed on the

judgment dated 13.10.2020 passed by Division Bench of this Court in

CWP No.3517 of 2020, titled Ashwani Kumar and others Versus The

State of Himachal Pradesh and others, wherein, this Court, on the

analysis of the law on the subject, held that a person residing in the

State of Himachal Pradesh for a period of twenty years or more would

be entitled to be treated as bonafide resident of the State. The learned

counsel for the petitioner states that the petitioner would be satisfied if

his case is considered by the respondent-authorities.

4. Having regard to the above submissions, we dispose of this writ

petition by directing respondent No.2 to examine the grievance of the

petitioner in the light of the aforesaid judgment for issuance of the

Bonafide Resident Certificate or otherwise, by a speaking order within

a period of one month from the date of production of a copy of this

Order. Pending miscellaneous application(s), if any, also stands

disposed of.

5. To come up for compliance on 17.03.2023.

.

( Tarlok Singh Chauhan )

Judge

( Virender Singh) Judge

December 26, 2022 (ks)