Himachal Pradesh High Court

An & Another vs . State Of H.P. on 28 October, 2022

Bench: Satyen Vaidya

An & another vs. State of H.P.

Cr.MP(M) No. 2277 of 2022

28.10.2022 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Athrav Sharma, Advocate, for the

applicants.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

More time sought to file reply. Be filed

within one week.

r List on 4.11.2022.

(Satyen Vaidya) Judge

28th October, 2022 (kck)

Narender Kumar vs. State of H.P.

Cr.MP(M) No. 2230 of 2022

28.10.2022 Present: Mr. Gurdev Negi, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

Arguments heard. Order reserved.



             28th October, 2022
                                  to          (Satyen Vaidya)
                                                   Judge

                   (kck)

Kamal Dev Bhogal vs. State of H.P.

Cr.MP(M) No. 2202 of 2022

28.10.2022 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

The investigation is stated to be continued.

There is no allegation that the petitioner is not joining

the investigation.

List for consideration on 18.11.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Bhawan Lata vs. State of H.P. & others

CWP No. 3649 of 2021

28.10.2022 Present: Mr. Rakesh Dogra, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for respondents No. 1 and 2.

List on 23.12.2022.



             28th October, 2022
                                  to          (Satyen Vaidya)
                                                   Judge

                   (kck)

Bhagwan Dass vs. State of H.P.

Cr. Appeal No. 182 of 2010 a/w

Cr. Appeal Nos. 279, 280, 281 and

28.10.2022 Present: Mr. Arvind Sharma, Advocate, for the appellants.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

List on 23.12.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Narpat Ram vs. Punjab National Bank

Cr. Revision No. 471 of 2022

28.10.2022 Present: Mr. Mukul Sood, Advocate, for the petitioner.

Mr. Arvind Sharma, Advocate, for the respondent.

Learned counsel for the petitioner submits

that order dated 9.9.2022, passed in Cr.MP No. 2760

of 2022 has been complied with. However, the report

of Registry is to the effect that it has no information

regarding such compliance. Registry to ascertain the

correct factual position and report the matter

accordingly.

List on 4.11.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Prem Lata vs. Inder Dev & others

CMPMO No. 389 of 2022

28.10.2022 Present: Mr. Balwant Kukreja, Advocate, for the petitioner.

Mr. Vedhant Ramta, Advocate, vice counsel for respondents No. 1 to 8.

Mr. Pritam Singh Chandel, Advocate, for

respondent No.9.

r None for respondent No.10.

Learned counsel representing the

respondents have stated that they have received the

notice issued by the Registry of this Court and have

not received even a single copy of the petition.

Perusal of B-Part reveals that the copies of

the petition filed on behalf of the petitioner are lying in

the said part of the file. Registry to explain as to why

the notices were issued without annexing the copies of

petition. The copies of petition lying in B-Part of the

file be handed over to the learned counsel for the

respondents.

List on 23.12.2022.

(Satyen Vaidya) Judge 28th October, 2022 (kck)

Bhim Sen vs. Onkar Chand & others

COPC No. 311 of 2022

28.10.2022 Present: Mr. D. K. Khanna, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondents.

A Coordinate Bench of this Court had

passed the following directions vide judgment dated

16.6.2022 in CWP No. 4374 of 2021:-

"for the foregoing reasons, this petition is

allowed. The respondents are directed to treat the petitioner eligible for grant of

pension alongwith due and admissible arrears under Central Civil Service (Pension) Rules, 1972 and to take all required steps in

that regard within a period of six weeks from

today. Pending miscellaneous application(s), if any, shall also stand disposed of."

The respondents were granted six weeks

time to take all required steps for implementation of

judgment.

The respondents in the instant petition were

respondents before the writ Court in CWP No. 4374 of

2021. Thus, all the respondents were under specific

directions to take appropriate steps within six weeks

for implementation of the judgment. More than four

months have elapsed but the judgment has still

remained unimplemented.

Learned Deputy Advocate General has

placed on record a copy of communication, addressed

by respondent No.2 to respondent No.1, concluding

para of which reads as under:-

"In view of above, it is requested that the matter may kindly be got examined from

Finance Department and Law Department and convey necessary approval to grant pension to Sh. Bhim Sen in view of order/

judgment of Hon'ble High Court dated

16.06.2022 (copy enclosed) passed in CWP No. 4374 of 2021."

It was on the basis of this communication

that a prayer was made on behalf of the respondents

on 12.10.2022, seeking time for implementation of the

judgment and this Court had directed the competent

authority to take positive decision within two weeks.

The authorities appear to be unmoved, despite

repeated directions from this Court.

Once this Court had passed directions to

implement the judgment within specific time, it is for

the respondents to expedite the matter in order to

show due compliance to the orders of the Court.

However, the facts of the case reveal that no such

attempt appears to have been made.

Learned Deputy Advocate General submits

that the respondents have filed an application for

extension of time for implementing the directions of

this Court but the same is not on record. In any case,

the basis for making request for extension of time is

the communication, as noticed hereinabove.

On the persuasive submission made by

learned Deputy Advocate General, one last opportunity

is afforded to the respondents to comply with the

directions, passed by this Court on or before the next

date, failing which, all the respondents shall remain

present before this Court.

List on 25.11.2022.

(Satyen Vaidya) Judge

28th October, 2022 (kck)

Shiv Kumar alias Shibu vs. State of H.P. & another

Cr.MMO No. 894 of 2022

28.10.2022 Present: Mr. Gobind Korla, Advocate, for the

petitioner.

Mr. Narender Thakur, Deputy Advocate General, for respondent No.1.

Mr. Yash Pal Sharma, Advocate, for respondent No.2.

Respondent No.1 has filed the reply.

Respondent No.2 seeks time to file reply. Be filed

within two weeks.

List on 11.11.2022.

(Satyen Vaidya) Judge

28th October, 2022 (kck)

Khub Ram vs. Dr. Narinder Kumar & another

COPC No. 297 of 2022

28.10.2022 Present: Mr. Vijay Chaudhary, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondents.

The respondents are directed to pay all

consequential financial benefits, as per judgment dated

27.7.2016, to the petitioner on or before the next date.

List on 9.12.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Krishan Chand vs. Dr. Narinder Kumar & another

COPC No. 296 of 2022

28.10.2022 Present: Mr. Vijay Chaudhary, Advocate, for the

petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondents.

Learned counsel for the petitioner submits

that though the petitioner has been reinstated but his

regularization has not been ordered from due date as

per judgment dated 4.8.2015, passed by this Court.

Confronted with this, learned Deputy

Advocate General seeks time to have fresh

instructions.

List on 9.12.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Akshay Deogar vs. Kanwar Vijay Singh & others

CMPMO No. 282 of 2022

28.10.2022 Present: Mr. Rajeev Sood, Advocate, for the

petitioner.

Mr. Praveen Chauhan, Advocate, vice counsel for respondents No. 1 and 2.

Mr. Naresh K. Gupta, Advocate, for respondent No.3.

submits that Sh. Y. P. Sood has filed power of attorney

on behalf the said respondents.

List for consideration on 28.11.2022.

(Satyen Vaidya) Judge

28th October, 2022 (kck)

Dharam Prakash vs. M/s Aarti Goel

Cr. Revision No. 263 of 2022

28.10.2022 Present: Mr. Dewa Nand, Advocate, for the petitioner.

Mr. Praveen Chauhan, Advocate, vice counsel for the respondent.

At the joint request of learned counsel for

the parties, list on 2.12.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

State of H.P. & others vs. Kanshi Ram & others

RFA No. 305 of 2016

28.10.2022 Present: Mr. Narender Thakur, Deputy Advocate General, for the appellants.

Mr. J. L. Bhardwaj, Advocate, for the respondents.

It has been noticed that respondent No.1

Kanshi Ram had died during the pendency of appeal,

as is evident from the records of connected appeal

bearing RFA No. 40 of 2016, wherein the said Kanshi

Ram was one of the appellants and his legal

representatives were brought on record vide order

dated 14.9.2022, passed in RFA No. 40 of 2016.

The parties are not in dispute with respect

to the details of legal representatives of deceased

respondent No.1, as provided in the amended memo of

parties in RFA No. 40 of 2016.

The instant appeal as well as RFA No. 40 of

2016 arise out of the same award. No prejudice will be

caused to the parties in case respondent No.1 herein is

substituted by his legal representatives, as detailed in

RFA No. 40 of 2016. The learned counsel for the

parties are also not averse to the substitution of

deceased respondent No.1 in aforesaid manner.

Accordingly, deceased respondent No.1 is

ordered to be substituted by his legal representatives,

as detailed in amended memo of parties in RFA No. 40

of 2016, as under:-

1 (i) Raj Kumar, s/o late Sh. Roop Lal, s/o late Sh. Kanshi Ram,

1 (ii) Kamal Dev, s/o late Sh. Roop Lal, s/o late Sh. Kanshi Ram,

1 (iii) Geeta Devi, Wd/o late Sh. Roop Lal,

s/o late Sh. Kanshi Ram,

1 (iv) Bimla Devi, daughter late Sh. Kanshi Ram,

1 (v) Asha Rani, daughter late Sh. Kanshi Ram,

1 (vi) Sunita Devi, daughter late Sh. Kanshi Ram,

1 (vii) Manju Devi, daughter late Sh. Kanshi Ram,

Amended memo of parties be filed within

two weeks.

List for hearing on 18.11.2022.

(Satyen Vaidya) Judge 28th October, 2022 (kck)

State of H.P. & others vs. Kanshi Ram & others

RFA No. 306 of 2016

28.10.2022 Present: Mr. Narender Thakur, Deputy Advocate General, for the appellants.

Mr. J. L. Bhardwaj, Advocate, for the respondents.

It has been noticed that respondent No.1

Kanshi Ram had died during the pendency of appeal,

as is evident from the records of connected appeal

bearing RFA No. 40 of 2016, wherein the said Kanshi

Ram was one of the appellants and his legal

representatives were brought on record vide order

dated 14.9.2022, passed in RFA No. 40 of 2016.

The parties are not in dispute with respect

to the details of legal representatives of deceased

respondent No.1, as provided in the amended memo of

parties in RFA No. 40 of 2016.

The instant appeal as well as RFA No. 40 of

2016 arise out of the same award. No prejudice will be

caused to the parties in case respondent No.1 herein is

substituted by his legal representatives, as detailed in

RFA No. 40 of 2016. The learned counsel for the

parties are also not averse to the substitution of

deceased respondent No.1 in aforesaid manner.

Accordingly, deceased respondent No.1 is

ordered to be substituted by his legal representatives,

as detailed in amended memo of parties in RFA No. 40

of 2016, as under:-

1 (i) Raj Kumar, s/o late Sh. Roop Lal, s/o late Sh. Kanshi Ram,

1 (ii) Kamal Dev, s/o late Sh. Roop Lal, s/o late Sh. Kanshi Ram,

1 (iii) Geeta Devi, Wd/o late Sh. Roop Lal,

s/o late Sh. Kanshi Ram,

1 (iv) Bimla Devi, daughter late Sh. Kanshi Ram,

1 (v) Asha Rani, daughter late Sh. Kanshi Ram,

1 (vi) Sunita Devi, daughter late Sh. Kanshi Ram,

1 (vii) Manju Devi, daughter late Sh. Kanshi Ram,

Amended memo of parties be filed within

two weeks.

List for hearing on 18.11.2022.

(Satyen Vaidya) Judge 28th October, 2022 (kck)

Shyam Lal & others vs. State of H.P. & others

CWP No. 9579 of 2014

28.10.2022 Present: Mr. Neeraj Gupta, Sr. Advocate with Mr. Vedhant Ranta, Advocate, for the

petitioners.

Mr. Narender Thakur, Deputy Advocate General, for respondent No.1.

Mr. Dalip K. Sharma, Advocate, for respondents No. 3 to 12.

None has put in appearance on behalf of

respondent No. 1 (a) despite service.

List for hearing on 28.12.2022.

(Satyen Vaidya) Judge

28th October, 2022 (kck)

Puran Lal vs. State of H.P.

Cr. Revision No. 15 of 2013

28.10.2022 Present: Mr. Manish Dhatwalia, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

List on 29.12.2022.



             28th October, 2022
                                  to            (Satyen Vaidya)
                                                     Judge

                   (kck)

Rakesh Kumar vs. State of H.P.

Cr. Revision No. 1 of 2013

28.10.2022 Present: Mr. Lovneesh Kanwar, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

Learned counsel appearing on behalf of the

petitioner submits that the petitioner had died during

the pendency of the petition. He seeks time to place on

record the death certificate of the petitioner. Needful

be done within three weeks. In the meanwhile the

respondent State shall also verify this fact.

List on 23.11.2022.

(Satyen Vaidya) Judge 28th October, 2022

(kck)

Stzate of H.P. vs. Kartar Singh & another

Cr. Appeal No. 302 of 2010

28.10.2022 Present: Mr. Narender Thakur, Deputy Advocate General, for the appellant.

Mr. Sanjeev Mankotia, Advocate vice counsel for the respondents.

List on 31.10.2022.



             28th October, 2022
                                  to           (Satyen Vaidya)
                                                    Judge

                   (kck)

Vijay Kumar vs. Ramesh Chand & others

RSA No. 532 of 2009

28.10.2022 Present: Mr. Divya Raj Singh, Advocate, for the appellant.

None for the respondents.

List on 22.12.2022.




             28th October, 2022
                   (kck)
                                  to          (Satyen Vaidya)
                                                   Judge

Anil Kumar & another vs. Fateh Singh & others

RSA No. 369 of 2009

28.10.2022 Present: Mr. Gurinder Parmar, Advocate, for the appellants.

Mr. Rupinder Singh, Advocate, for respondents No. 1 to 5.

List on 29.12.2022.



             28th October, 2022
                                  to          (Satyen Vaidya)
                                                   Judge

                   (kck)

Surinder singh & others vs. Rana deceased through LRs.

RSA No. 641 of 2008

28.10.2022 Present: Mr. G. D. Verma, Sr. Advocate with Mr. B.

C. Verma, Advocate, for the appellants.

Mr. Neeraj Gupta, Sr. Advocate with Mr. Vedhant Ranta, Advocate, for the respondents.

Heard in part. For continuation, list on

13.12.2022.

(Satyen Vaidya) Judge 28th October, 2022

(kck)

Ail Ram vs. State of H.P.

Cr. Appeal No. 130 of 2008

28.10.2022 Present: None for the appellant.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

List on 30.12.2022.




             28th October, 2022
                   (kck)
                                  to            (Satyen Vaidya)
                                                     Judge

RAjinder Singh vs. Hari Singh & others

RSA No. 571 of 2006

28.10.2022 Present: Mr. G. D. Verma, Sr. Advocate with Mr. B.

C. Verma, Advocate, for the appellant.

None for the respondents.

List on 30.12.2022.




             28th October, 2022
                   (kck)
                                  to          (Satyen Vaidya)
                                                   Judge

Rajesh Kumar vs. State of H.P.

Cr.MMO No. 532 of 2018

28.10.2022 Present: Ms. Meera Devi, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for the respondent.

At the request of learned counsel for the

petitioner, list on 16.12.2022.

(Satyen Vaidya)

Judge 28th October, 2022 (kck)

Baldev Singh Attri vs. State of H.P. & others

CWP No. 4389 of 2019

28.10.2022 Present: Mr. B. S. Chauhan, Sr. Advocate with Mr. Ashish Verma, Advocate, for the petitioner.

Mr. Narender Thakur, Deputy Advocate General, for respondents No. 1 to 4.