Resident Of Chandi Niwas vs The State Of
2022 Latest Caselaw 8347 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 10TH OF OCTOBER 2022




                                                           .

                            BEFORE
                HON'BLE MR. JUSTICE A.A. SAYED
                        CHIEF JUSTICE





                               &
           HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

               CIVIL WRIT PETITION No. 6953 of 2022

         Between:-

         KAMLA,
         W/O SH. BHAGAT,
                        r      to

         RESIDENT OF CHANDI NIWAS,
         VILLAGE RIRKA, POST OFFICE TUTIKANDI,
         DISTRICT SHIMLA, H.P.
         AGED 35 YEARS.


                                         ......PETITIONER

         (BY SH. VIJAY KUMAR, ADVOCATE)




         AND





    1.   STATE OF H.P.
         THROUGH THE PRINCIPAL SECRETARY





         (HOME) WITH HEADQUARTERS AT
         SHIMLA-2, H.P.

    2.   THE SUB DIVISIONAL MAGISTRATE,
         SHIMLA, DISTRICT SHIMLA,
         HIMACHAL PRADESH.

    3.   THE TEHSILDAR, SHIMLA,
         DISTRICT SHIMLA,
         HIMACHAL PRADESH.
                                             .....RESPONDENTS

         (BY SH. ADARSH SHARMA, ADDITIONAL




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     ADVOCATE GENERAL)
_______________________________________________________




                                                                     .
                This petition coming on for admission this day, Hon'ble





    Mr. Justice A.A. Sayed passed the following:





                             ORDER

This petition has been filed by the petitioner, inter alia

with the prayer that the respondents may be directed to issue

bonafide certificate in favour of the petitioner with immediate effect.

The contention of the petitioner is that she is a permanent resident of

Chandi Niwas, Village Rirka, Post Office Tutikandi District Shimla,

H.P. and that she has been residing at the present place for last

more than 43 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 & others vs. The State of

Himachal Pradesh & 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 20 years or more would be entitled

to be treated as bonafide resident of the State. It is pointed out that

in the SLP No. 21054-21055/2021 (State of Himachal Pradesh &

Ors. Vs. Ashwani Kumar & Ors.) filed by the State of Himachal

Pradesh, the Hon'ble Supreme Court has not interfered with the

judgment of the Division Bench of this Court.

2. Having regard to the above submissions, we dispose of

this writ petition by directing respondent No.3 to examine the

.

grievance of the petitioner in the light of the aforesaid judgment of

the Division Bench for issuance of bonafide resident certificate by

passing a speaking order within a period of one month from the date

of production of a copy of this judgment.

3. Pending application(s), if any, also stand(s) disposed of.

( A.A. Sayed) Chief Justice

( Jyotsna Rewal Dua ) Judge

10th October, 2022(rohit)