Sahil vs . State Of H.P. & Anr.
2022 Latest Caselaw 207 HP

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Sahil vs. State of H.P. & anr.

Cr. MMO No.71/2022 A

2.2.2022 Present: Mr. Imran Khan, Advocate alongwith father of the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent State.

Mr. Ketan Singh, Advocate, for respondent No.2.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General and Mr. Ketan Singh, Advocate, appear and waive service

of notice on behalf of respondents No.1 and 2, respectively.

Reply/instructions be filed/obtained before the next date of hearing.

List on 4th February, 2022.

Cr. MP No.256/2022

The application is disposed of with a direction to the

applicant-petitioner to file translated copies of Annexures P-1 and P-

2 within a period of four weeks.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Sunita Devi vs. State of H.P. & ors.

CWP No.601/2022

A

2.2.2022 Present: Dr. Lalit Kumar Sharma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate

General, for the respondents-State.

CWP No.601/2022

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

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

respondents. Reply be filed before the next date of hearing. List on

9th March, 2022.

CMP No.1078/2022

Notice in the aforesaid terms. The applicant-petitioner

being a lady and having less than two years to retire was

accommodated by the respondents concerned, vide Annexure P-3

dated 17.1.2022 at Sr. No.27 at Salwar, where the earlier incumbent

vacated the post on 31.1.2022. This court finds that order dated

17.1.2022 is just, reasoned and passed by the respondents

concerned and there was no occasion to recall this order, so prima

facie, this Court comes to the conclusion that till the next date of

hearing, transfer order dated 31.1.2022 Annexure P-5, is required to

be stayed. So, it is ordered that till the next date of hearing, the

impugned transfer order dated 31.1.2022 Annexure P-5, is ordered

to be stayed. However, respondents concerned are directed to

accept her joining at GSSS, Salwar.

The respondents may however, show cause by filing

reply on or before the next date of hearing or otherwise why this

order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Pawan Kumar vs. HRTC & Ors.

CWP No.597/2022

A

2.2.2022 Present: Mr. Shubham Sood, Advocate, for the petitioner.

Ms. Komal Chaudhary, Advocate vice counsel for the respondents.

CWP No.597/2022 & CMP No.1068/2022

Notice. Ms. Komal Chaudhary, Advocate, appears and

waives service of notice on behalf of the respondents. Reply be filed

before the next date of hearing. List on 9th March, 2022.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Ashok Kumar vs. HRTC & anr.

CWP No.604/2022

A

2.2.2022 Present: Mr. V.D. Khidta, Advocate, for the petitioner.

Ms. Shubh Mahajan, Advocate, for the respondents.

CWP No.604/2022

Notice. Ms. Shubh Mahajan, Advocate, appears and

waives service of notice on behalf of the respondents. Reply be filed

before the next date of hearing. List on 4th March, 2022.

CMP No.1083/2022

Notice in the aforesaid terms. After hearing learned

counsel for the parties and going through the records especially the

recommendations made by the RM/DM, this Court finds that the

impugned transfer order(s) dated 4.12.2021 (Annexure P-5) and

order dated 28.1.2022 (Annexure P-11) are required to be stayed.

So, it is ordered that till the next date of hearing, the impugned

transfer order(s) dated 4.12.2021 (Annexure P-5) and order dated

28.1.2022 (Annexure P-11) shall remain stayed.

The respondents may however, show cause by filing

reply on or before the next date of hearing or otherwise why this

order be not made absolute till final disposal of the main petition.

CMP No.1084/2022

The application is disposed of with a direction to the

applicant-petitioner to file translated copies of Annexures P-6 and P-

7, in issue within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Gaura Devi vs. State of H.P. & ors.

CWP No.605/2022

A

2.2.2022 Present: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondents- State.

CWP No.605/2022

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General, appears and waives service of notice on behalf

of the respondents-State. Separate notice be issued to

respondent No.7 returnable for 4 th March, 2022, on taking steps

within three days. Reply, if any, be filed before the next date of

hearing. List on 4th March, 2022.

CMP No.1085/2022

Notice in the aforesaid terms. After hearing learned

Senior counsel for the applicant-petitioner and learned Additional

Advocate General, this Court finds that suspension of the

applicant-petitioner, vide Annexure P-7, dated 19.10.2021 and

subsequent order dated 3.11.2021, vide Annexure P-8, are prima

facie against the provisions of Section 145 of the H.P. Panchayati

Raj Act, 1994. So, it is ordered that till the next date of hearing,

the execution and operation of the suspension order dated

19.10.2021 vide Annexure P-7, shall remain stayed. However,

learned Senior counsel for the applicant-petitioner states that the

order of inquiry, which is Annexure P-8, is the same in

continuation of Annexure P-7, dated 19.10.2021. So, it is also

ordered that till the next date of hearing, respondents concerned

will not pass any further order on Annexure P-8.

The respondents may however, show cause by filing

reply on or before the next date of hearing or otherwise why this

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:: 2 :: CWP No.605/2022

order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Hari Chand vs. Punjab National Bank Cr. Revision No.57/2022

A

2.2.2022 Present: Mr. Munish Datwalia, Advocate, for the petitioner.

Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Additional Advocate General, Mr.

Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent No.2- State. r On the oral request of learned counsel for the

petitioner, State of Himachal Pradesh through Secretary (Home)

is impleaded as party respondent No.2. Amended memo of

parties be filed within four weeks.

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General and Mr. Sanjay Dalmia, Advocate, appear and

waive service of notice on behalf of respondent No.1 and 2,

respectively.

Admit.

Cr. MP No.261/2022

Notice in the aforesaid terms. The execution and

operation of the conviction and sentence imposed upon the

applicant-petitioner passed by the learned Trial Court, will remain

suspended, however subject to the applicant-petitioner's

depositing 50% of the compensation amount, within a period of

four weeks from today, if not already deposited and also

furnishing personal bonds in the sum of `25,000/- (rupees twenty

five thousand only) with one surety in the like amount to the

satisfaction of the learned Trial Court within the aforesaid period

with an undertaking that the applicant-petitioner shall appear in

the Court, as and when directed and shall surrender to serve out

the sentence imposed, in case his revision petition is ultimately

dismissed.

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:: 2 :: Cr. Revision No.57/2022

However, it is made clear that if the amount is not

deposited, as ordered above, the stay/suspension order will

automatically vacated. Application stands disposed of.

Cr. MP No.262/2022

The application is disposed of with a direction to the

applicant-petitioner to file certified copy of judgment within a

period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Hari Chand & anr. vs. Punjab National Bank Cr. Revision No.56/2022

A

2.2.2022 Present: Mr. Munish Datwalia, Advocate, for the petitioners.

Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Additional Advocate General, Mr.

Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent No.2- State. r On the oral request of learned counsel for the

petitioners, State of Himachal Pradesh through Secretary (Home)

is impleaded as party respondent No.2. Amended memo of

parties be filed within four weeks.

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General and Mr. Sanjay Dalmia, Advocate, appear and

waive service of notice on behalf of respondent No.1 and 2,

respectively.

Admit.

Cr. MP No.259/2022

Notice in the aforesaid terms. The execution and

operation of the conviction and sentence imposed upon the

applicants-petitioners passed by the learned Trial Court, will

remain suspended, however subject to the applicants-petitioners

depositing 50% of the compensation amount each, within a

period of four weeks from today, if not already deposited and also

furnishing personal bonds in the sum of `25,000/- (rupees twenty

five thousand only) with one surety each in the like amount to the

satisfaction of the learned Trial Court within the aforesaid period

with an undertaking that the applicants-petitioners shall appear

in the Court, as and when directed and shall surrender to serve

out the sentence imposed, in case their revision petition is

ultimately dismissed.

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:: 2 :: Cr. Revision No.56/2022

However, it is made clear that if the amount is not

deposited, as ordered above, the stay/suspension order will

automatically vacated. Application stands disposed of.

Cr. MP No.260/2022

The application is disposed of with a direction to the

applicant-petitioner to file certified copy of judgment within a

period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Khurshi Ram vs. State of H.P.

Cr. MP (M) No.260/2022

A

2.2.2022 Present: Mr. S.K. Banyal, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General, appears and waives service of notice on behalf

of the respondent. Let police/status report be filed on 3rd

February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022

(CS)

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Pawan Kumar vs. State of H.P.

Cr. MP (M) No.266/2022

A

2.2.2022 Present: Mr. Manish Kumar, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General, appears and waives service of notice on behalf

of the respondent. As prayed for, let police/status report be filed

on 4th March, 2022, before the appropriate Hon'ble Bench.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Anu Gupta vs. State of H.P and ors.

Cr. MMO No.72/2022

A

2.2.2022 Present: Mr. Imran Khan, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Cr. MMO No.72/2022 & Cr. MP No.258/2022

Notice. Mr. Vikrant Chandel, learned Deputy

Advocate General, appears and waives service of notice on behalf

of the respondent-State. Separate notice be issued to respondent

No.4 returnable for 26th February, 2022 on taking steps within

three days. Reply, if any, be filed in the meanwhile.

Cr. MP No.257/2022

The application is disposed of with a direction to the

applicant-petitioner to file certified copy of apposite annexure

within a period of four weeks.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Jitender Kumar vs. State of H.P.

Cr. MP (M) No.100/2022

A

2.2.2022 Present: Mr. Sanjeev Kumar Suri, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

ASI Tijender Singh, Police Station Una, District Una, alongwith the records.

Police report stands filed. Time prayed for

consideration. Allowed. As prayed, list for consideration on 11th

February, 2022.

( Chander Bhusan Barowalia)

Vacation Judge

2nd February, 2022

(CS)

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Jagdish Kumar vs. State of H.P.

Cr. MP (M) No.99/2022

A

2.2.2022 Present: Mr. Prashant Sharma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

ASI Dev Dutt, Police Station Jhanjeli, District Mandi, alongwith the records.

Police report stands filed. Time prayed for

consideration. Allowed. As prayed, list for consideration on 2nd

March, 2022 before the appropriate Hon'ble Bench.

( Chander Bhusan Barowalia)

Vacation Judge

2nd February, 2022

(CS)

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Anil Kumar vs. State of H.P.

Cr. MP (M) No.262/2022

A

2.2.2022 Present: Mr. Nikhil Chugh, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 11th February, 2022, as prayed

for.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Aman Sharma vs. State of H.P.

Cr. MP (M) No.261/2022

A

2.2.2022 Present: Mr. Ajay Kumar, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 4th February, 2022, as prayed

for.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Rinkush Sharma vs. State of H.P.

Cr. MP (M) No.263/2022

A

2.2.2022 Present: Mr. Naresh Kaul, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 4th February, 2022, as prayed

for.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Sandeep Lakhanpal vs. State of H.P.

CWP No.602/2022

A

2.2.2022 Present: Mr. Arun Raj, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

r CWP No.602/2022 & CMP No.1080/2022

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General, waives service of notice on behalf of the respondent-State.

Reply/instructions be filed/obtained on 14th February, 2022, as

prayed for.

In the meantime, respondent to take instructions with

regard to the fact that whether the petitioner can be

accommodated, as per the places, mentioned at Sr. No.6, of the

instant petition due to the peculiar facts and circumstances of the

case that he is going to retire within next one and half year.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Nishant Kumar vs. State of H.P & ors.

CWP No.599/2022

A

2.2.2022 Present: Ms. Komal Chaudhary, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondents-State.

rCWP No.599/2022 & CMP No.1071/2022

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

General, waives service of notice on behalf of the respondents-

State. Separate notice be issued to respondents No.5 to 9

returnable for 3rd March, 2022, on taking steps within three days.

List on 3rd March, 2022. In the meantime, reply, if

any be filed.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022

(CS)

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Shyam Lal vs. Canara Bank, Parwanoo CWP No.598/2022

A

2.2.2022 Present: Mr. Neeraj Sharma, Advocate, for the petitioner.

Mr. Sanjay Dalmia, Advocate, for the respondent.

CWP No.598/2022 & CMP No.1069/2022

Notice. Mr. Sanjay Dalmia, Advocate, waives service of

notice on behalf of the respondent. Reply/instructions be

filed/obtained before the next date of hearing. List on 14th

February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022

(CS)

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Surat Pal Chauhan vs. Dailmler Financial Services India Pvt. Ltd.

CMPMO No.26/2022

A

2.2.2022 Present: Mr. Daleep Singh Khachi, Advocate, for the petitioner.

Heard. Issue notice to the respondent returnable for

2nd March, 2022, on taking steps within three days. List on 2nd

March, 2022 before the appropriate Hon'ble Bench.

CMP No.1093/2022

Notice in the aforesaid terms. After hearing learned

counsel for the applicant-petitioner and going through the entire

records, this Court finds that the applicant-petitioner has got prima

facie and arguable case. In these circumstances, in order to avoid

multiplicity of litigation, it is ordered that till the next date of

hearing, further proceedings pending before the learned District

Judge, Shimla, shall remain stayed.

The respondent may however, show cause by filing

reply on or before the next date of hearing or otherwise why this

order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Renu Devi vs. State of H.P.

Cr. MP (M) No.267/2022

A

2.2.2022 Present: Mr. Shubham Sood, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

As prayed for, list on 4th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Naseem vs. State of H.P.

Cr. MP (M) No.265/2022

A

2.2.2022 Present: Mr. Shubham Sood, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

As prayed for, list on 4th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)

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Baldev Singh vs. State of H.P.

Cr. MP (M) No.264/2022

A

2.2.2022 Present: Mr. V.S. Rathour, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

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

respondent. Let police report be filed on 4th February, 2022.

( Chander Bhusan Barowalia)

Vacation Judge

2nd February, 2022 (CS)

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Kanwar Rakesh & ors. vs. State of H.P and ors.

CWP No.596/2022

A

2.2.2022 Present: Mr. Shubham Sood, Advocate, for the petitioners.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates

General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate

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

respondents-State. Separate notice be issued to respondent No.4

returnable within four weeks, on taking steps within three days.

CMP No.1066/2022

Notice in the aforesaid terms. Taking into

consideration the fact that the applicants-petitioners are tenants in

the premises in question for the last more than 4-5 decades, as

stated by the learned counsel for the petitioners. So, it is ordered

that till the next date of hearing, respondents concerned will not

evict the applicants-petitioners from the premises in question.

However, the respondents concerned are at liberty to frame

policy/agreement with the tenant to rehabilitate them and submit

the same before this Court.

The respondents may however, show cause by filing

reply on or before the next date of hearing or otherwise why this

order be not made absolute till final disposal of the main petition.

CMP No.1067/2022

The application is disposed of with a direction to the

applicant-petitioner to file translated copies of apposite documents,

in issue within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge

2nd February, 2022 (CS)