Himachal Pradesh High Court
Shri Devender Singh vs Union Of India And Others on 9 May, 2023
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3733 of 2019
Decided on: 09.05.2023
.
Shri Devender Singh ....Petitioner.
Versus
Union of India and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
For the petitioner: Mr. S.D. Vasudeva, Advocate.
For the respondents: Mr. Balram Sharma, Deputy Solicitor General of
India, for respondent No. 1.
M/s Jitender Sharma, Tejesvi Sharma, Pushpender
Jaswal and Baldev Negi, Additional Advocate
Generals, with Mr. Gautam Sood, Deputy Advocate
General, for respondents No. 2 and 3.
Mr. Gambhir Singh Chauhan, Advocate, vice Mr.
Y.W. Chauhan, Advocate, for respondents No. 4 to
7.
Mr. K.B. Khajuria, Advocate, for respondent No. 8.
Ajay Mohan Goel, Judge (Oral):
Learned counsel for the petitioner stated at the Bar that similar
matters were considered by this Court in a batch of cases, lead case of
which is CWP No.1540 of 2013, titled Bakshi Ram vs. Union of India,
decided on 6th November, 2013 and prayed that this writ petition be
1 Whether reporters of the local papers may be allowed to see the judgment?
disposed of in terms of the judgment (supra). His statement is taken on
record.
2. It is apt to reproduce relevant portion of the judgment, referred
.
to above at pages 25 and 26, herein:-
"2. It is not in dispute that after the
judgment rendered by the Apex Court in Pradesh
Pong Bandh Visthapit Samiti, Rajasthan & Another
versus Union of India & Others, (1996) 9 Supreme
Court Cases 749, a high power committee has been
constituted to look into the grievance of the
petitioners and similar situate persons. This
committee is still functional. Accordingly, the
petitioners are permitted to make representation(s)
before the high power committee. The committee
shall look into the grievance of the petitioners and
similar situate persons within a period of six months
after receipt of the representation(s). The committee
shall also be guided by the judgment rendered by
this Court in CWP No.492 of 2007, titled as
"Ashwani Kumar V. Union of India", decided on
29.3.2011, against which an SLP was preferred
which was dismissed by Hon'ble Supreme Court on
2.1.2013. It is made clear that the limitation/delay
shall not come in the way of the petitioner(s). It is
also made clear that the high power committee shall
decide the cases individually and pass
speaking/detailed order(s), strictly as per the
averments made in the representation(s). It is further
clarified that if the land is available in Sriganganagar
(reserved area), this aspect shall also be taken into
consideration. The respondent-State is also directed
to issue the eligibility certificate in favour of the
petitioners in CWPs No. 11070 of 2011-G and 1158
.
of 2013 in order to enable them to present their
cases before the high power committee."
3. It is also stated that the judgment, referred to above, was also
followed by the Division Bench of this Court and upheld by the Supreme
Court in a judgment rendered in SLP(C) No.21904 of 2012, titled State of
Rajasthan & another vs. Ashwani Kumar Sharma & others, decided on 2nd
January, 2013 and the Special Leave Petition was dismissed.
4. In the given circumstances, I deem it proper to dispose of the
instant writ petition in terms of the judgment made by the learned Single
Judge (supra) with liberty to the writ petitioner to file a representation within
four weeks before the High Power Committee. The said Committee is
directed to decide the same within three months thereafter. The petition
stands disposed of in above terms, so also pending miscellaneous
applications, if any.
(Ajay Mohan Goel)
Judge
May 09, 2023
(bhupender)
