Smt. Amrita Rana vs The State Of Himachal Pradesh & ...
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    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
               ON THE 21st DAY OF SEPTEMBER 2022
                              BEFORE
                     HON'BLE MS. JUSTICE SABINA




                                                      .
                                 &





               HON'BLE MR. JUSTICE SUSHIL KUKREJA

                CIVIL WRIT PETITION No.1287 of 2020





         Between:-

         SMT. AMRITA RANA,
         WIFE OF SH. TIKKA RAM,





         RESIDENT OF OLD BUS STAND,
         SHIMLA, P.O. AND TEHSIL SHIMLA,
         DISTT. SHIMLA, H.P.
         PRESENTLY WORKING AS LABOURER.

                                                      ......PETITIONER

         (BY MR. A.K. GUPTA, ADVOCATE
          & MR. BONIT THAKUR, ADVOCATE)


         AND


    1.   STATE OF H.P.




         THROUGH PRINCIPAL SECRETARY (HOME)
         H.P. WITH HEADQUARTER AT SHIMLA, H.P.





    2.   THE COLLECTOR-CUM-DEPUTY COMMISSIONER,
         SHIMLA, DISTRICT SHIMLA, H.P..





    3.   THE S.D.M(URBAN), SHIMLA
         DISTRICT SHIMLA, H.P.

    4.   MINISTRY OF EXTERNAL AFFAIRS
         THROUGH ITS SECRETARY,
         WITH HEADQUARTERS AT CENTRAL SECRETARIAT,
         NEW DELHI.
                                        ...RESPONDENTS

                                                 ......RESPONDENTS




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                                      -2-


          (MR. VIKRANT CHANDEL,
          DEPUTY ADVOCATE GENERAL FOR R-1 to R-3
          MR. BALRAM SHARMA, ASSISTANT
          SOLICITOR GENERAL OF INDIA, FOR R-4)
               This petition coming on for admission this day, Hon'ble




                                                            .
    Ms. Justice Sabina, passed the following:





                                 ORDER

This petition has been filed by the petitioner (Amrita

Rana) inter alia, with the prayer that the respondents may be

directed to issue bonafide certificate in her favor with immediate

effect. The contention of the petitioner is that she is a permanent

resident of Old Bus Stand, Shimla, Post Office and Tehsil Shimla,

District Shimla, H.P., and that she has been residing at the

present place for last more than 45 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. The learned counsel for the

petitioner states that the petitioner would be satisfied if his case is

considered by the respondents-authorities.

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

.

for issuance of 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.

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

of.

                      r                                   ( Sabina )

                                                             Judge


                                                    ( Sushil Kukreja )
                                                          Judge
    September 21, 2022
          (ravinder)