Citation : 2023 Latest Caselaw 5708 HP
Judgement Date : 12 May, 2023
Sahib Singh Vs. State of H.P.
Cr.MP(M) No.1055 of 2023
.
12.5.2023 Present: Mr. Heena Chaudhary, Advocate, for the petitioner.
Ms. Sharmila Patiyal, Additional Advocate General, Mr. Arsh Rattn and Ms. Ayushi Negi, Deputy
Advocate Generals, for the respondent.
ASI Suresh Kumar, I/O P.S. West is present in person
Status report filed. For consideration to come up on
19.5.2022.
r to (Virender Singh)
12.5.2023 Judge
(mamta)
Cr.MMO No.367 of 2023
.
Statement of Smt. Anita Devi, W/o Shri Rattan
Chand, R/O Village Majheli, P.O Kangoo, Tehsil Nadaun, Distt. Hamirpur, H.P.
On Oath 12.5.2023
Stated that the petitioner is my husband and FIR No.129 of
2018 dated 3.11.2018 was registered at my instance against him with
Police Station Naduan, District Hamirpur. Now, with the intervention of
the respectables families, dispute between us has been resolved
amicably. The dispute has been resolved, as we both are interested to
reside jointly in the matrimonial home.
In view of the settlement between us and the fact that we are
residing jointly in the matrimonial home, I do not want to proceed
further with this case and as such, I have no objection if the FIR in
question as well as the proceedings resultant thereto is quashed and set
aside.
(Virender Singh)
RO&AC Judge
12.5.2023
(mamta)
Cr.MMO No.367 of 2023
Statement of Shri Rattan Chand, S/o Shri Hoshiar Singh,
.
R/O Village Majheli, P.O Kangoo, Tehsil Nadaun, Distt.
Hamirpur, H.P.
On Oath
12.5.2023
Stated that due to some matrimonial discord, respondent
No.2 has lodged FIR No.129 of 2018 dated 3.11.2018 with Police Station
Naduan, District Hamirpur against me. Now, with the intervention of
the respectables of the families, the dispute between us has been
resolved amicably. Now, we are residing jointly in the matrimonial home
happily. This compromise has been effected in order to save our future
relation.
In view of the settlement between us, FIR in question as well
as resultant proceedings may kindly be quashed and set aside.
(Virender Singh)
RO&AC Judge
12.5.2023
(mamta)
Vinod Kumar Vs. State of H.P.
Cr.MP(M) No.1041 of 2023
.
12.5.2023 Present: Mr. Ashok K. Tyagi, Advocate, for the petitioner.
Ms. Sharmila Patiyal, Additional Advocate General, Mr. Arsh Rattn and Ms. Ayushi Negi, Deputy
Advocate Generals, for the respondent.
ASI Moti Lal, P.S. Pachhad is present in person
Status report filed. For consideration to come up on
19.5.2022. I.O is directed to remain present in the Court on
the next date of hearing alongwith records.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
Suresh Kumar Vs. Rameshwar Dass
Cr.Revision No.160 of 2023
.
12.5.2023 Present: Mr. Saurav Thakur, Advocate vice Mr. Sarthak Mehta, Advocate, for the petitioner.
Mr. J.N. Kanen, Advocate, for the respondent.
Records received. However, compliance report not
received from the learned Trial Court. Let reminder be issued
to the learned Trial Court to submit the compliance report.
At this stage, it has been submitted by the learned
counsel appearing for the petitioner that there are chances of
amicable settlement between the parties. For that, both the
parties are directed to appear before this Court on 16.6.2023.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
Parkash Chand Vs. LAO
Arb.Case No.67 of 2023
.
12.5.2023 Present: Ms. Shabnam, Advocate, for the petitioner.
Ms. Sharmila Patiyal, Additional Advocate General, with Mr. Arsh Rattan and Ms. Ayushi Negi, Deputy
Advocate Generals, for respondent No.1
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Reply is stated to have been filed, however, the same
is not on record.
r Registry is directed to trace and place the
same on record, even if the same is lying under objection.
List on 19.5.2023.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
Dine Ram & ors. Vs. Special LAO & ors.
Arb.Case No.70 of 2023
.
12.5.2023 Present: Ms. Shabnam, Advocate, for the petitioner.
Ms. Sharmila Patiyal, Additional Advocate General, with Mr. Arsh Rattan and Ms. Ayushi Negi, Deputy
Advocate Generals, for respondent No.1
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Reply is stated to have been filed, however, the same
is not on record.
r Registry is directed to trace and place the
same on record, even if the same is lying under objection.
List on 19.5.2023.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
Hoshiar Singh & ors. Vs. NHAI and anr.
Arb.Case No.69 of 2023
.
12.5.2023 Present: Ms. Shabnam, Advocate, for the petitioner.
Ms. Shreya Chauhan, Advocate, for respondent No.1.
Ms. Sharmila Patiyal, Additional Advocate General, with Mr. Arsh Rattan and Ms. Ayushi Negi, Deputy Advocate Generals, for respondent No.2.
Reply is stated to have been filed, however, the same
is not on record.
r Registry is directed to trace and place the
same on record, even if the same is lying under objection.
List on 19.5.2023.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
Iqbal Mohd. And ors. Vs. LAO & anr.
Arb.Case No.68 of 2023
.
12.5.2023 Present: Ms. Shabnam, Advocate, for the petitioner.
Ms. Sharmila Patiyal, Additional Advocate General, with Mr. Arsh Rattan and Ms. Ayushi Negi, Deputy
Advocate Generals, for respondent No.1
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Reply is stated to have been filed, however, the same
is not on record.
r Registry is directed to trace and place the
same on record, even if the same is lying under objection.
List on 19.5.2023.
(Virender Singh)
12.5.2023 Judge
(mamta)
.
.
(mamta)
.
r to
.
Brij Mohan Vs. Upendra Prasad Singh and others
COPC No.232 of 2019
.
17.3.2022 Present: Mr. Ajay Sharma, Sr. Advocate with Mr.Athrav Sharma, for the petitioner.
None for respondent No.1.
Mr. Vinod Thakur, Addl. A.G with Mr. Rajat Chauhan, Law Officer, for the respondents-State.
Mr. Y.W.Chauhan, Advocate, for respondent No.3.
Heard for some time. It appears that certain other
cases relating to the same subject matter are pending before
this Court. Therefore, it would be appropriate to hear all these
matters together. Let learned counsel for the parties give the
details of such cases within one week from today.
List on 31.3.2022.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Munshi Ram Dogra Vs. HPSEB and ors.
CWPOA No.3258 of 2019
.
17.3.2022 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Ms. Ruma Kaushik, Advocate, for the respondents.
Heard in part. A perusal of the writ petition would go
to indicate that the case of the petitioner is based entirely on
the ground of parity with one Shamsher Singh, who had in fact
filed CWP No.4572 of 2009 titled as Shamsher Singh Vs.
HPSEB before this Court. The specific ground regarding parity
has been raised in ground No.C of this writ petition but there is
no specific reply to the said ground. That apart, while rejecting
the claim of the petitioner vide order dated 11.7.2011
(Annexure P-12 and Annexure RA-IV), even though a mention
to the case of Shamsher Singh has been made in para Nos.2
and 3 of this order, but how the case of the petitioner is not
similar to Shamher Singh, has not been clearly spelt out.
In such circumstances, let respondents to file a
supplementary affidavit clearly stating therein as to how the
case of the petitioner is different from the case of Shamsher
Singh in which admittedly the recovery(ies) have been quashed.
List on 7.4.2022.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Lalman Vs. Hardev Ram and ors.
RSA No.406 of 2018
.
17.3.2022 Present: Mr. G.R. Palsra, Advocate, for the L.Rs No.1(a) to 1(d) of the appellant.
Mr. Parveen Kumar, Advocate, vice counsel for
respondent No.1.
CMP(M) No.265 of 2022
By medium of this application, the pplicants have
sought for bringing on record the legal representatives of
deceased appellant, who is stated to have died on 24.12.2021
Since the application is within time, therefore, legal
representatives of deceased sole appellant, as mentioned in
para-1 of the application, are ordered to be brought on record.
The application stand disposed of. Amended memo
accompanying the application is ordered to be taken on record.
Power of attorney on behalf of L.Rs of sole appellant
has also been filed by Sh. G.R.Palsra.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
General Manager Northern Railway Vs. Bimla Devi and ors.
RFA No.90 of 2019
.
17.3.2022 Present: Mr. Kiran Lata, Advocate, vice counsel for the appellant.
Mr. Dheeraj K. Vashisht, Advocate, for
respondents No.1, 2, 3(a) to 3(c), 4(a), 4(c) and 5.
Mr. Vinod Thakur, Addl. AG with Mr. Rajat Chauhan, Law Officer, for the respondents-State.
Mr. Dheeraj K. Vashisht, Advocate states that he
has instructions to appear on behalf of respondent No.4(b) and
would be filing power of attorney on behalf of said respondent.
Respondent No.6 is yet to be served. Let notice be
issued for the service of respondent No.6 returnable for
21.4.2022, on taking steps within two days.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Oriental Insurance Comapny Ltd. Vs. Smt. Hira Devi and others
FAO No.417 of 2012
.
17.3.2022 Present: Mr. Ishan Sharma, Advocate, for the appellant.
Mr. Sarthak Mehta, Advocate, for respondent No.1.
Ms. Abhilasha, Advocate, vice Ms. Soma Thakur, Advocate, for respondents No.3(a) to 3(d).
Ms. Abhilasha, Advocate appearing vice Ms. Soma
Thakur, Advocate states that Ms. Soma Thakur, Advocate is
now representing LRs No.3(a) to 3(d) and power of attorney has
also been filed by her. Her statement is taken on record.
Registry is directed to trace and place the same on record.
Let reply to CMP(M) No.908 of 2021 be filed on or
before the next date of hearing.
List on 7.4.2022.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Rishi Raj Gupta Vs. Sandeep Kumar and anr.
COPC No.153 of 2021
.
17.3.2022 Present: Mr. Manohar Lal Sharma, Advocate, vice Mr. R.S.
Gautam, Advocate for the petitioner.
Ms. Vikas Rajput, Advocate, for the respondents.
The judgment dated 24.4.2021 has been complied
with. Therefore, no orders are required to be passed. In case,
the petitioner is still aggrieved, then he shall be at liberty to
have this petition revived by making oral request to this effect
without filing application.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
General Manager Nothern Railway Vs. Lekh Raj and ors.
RFA No.74 of 2019
.
17.3.2022 Present: Ms. Kiran Lata, Advocate, vice counsel for the appellant.
Mr. Dheeraj K. Vashisht, Advocate, for
respondents No.1 to 4.
Mr. Vinod Thakur, Addl. A.G with Mr. Rajat Chauhan, Law officer, for the respondents-State.
r to CMP No.2283 of 2022
Heard. In the peculiar facts and circumstances of
the case, let 50% of the awarded amount alongwith upto date
interest be released in favour of the claimants as per their
shares, as mentioned in para No.5 of the application by
remitting the same to their respective bank accounts, as given
in annexure P-1 accompanying the application. The
application stands disposed of.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Joginder Singh and anr. Vs. Ram Chand Thakur
RSA No.404 of 2019
.
17.3.2022 Present: Mr. Y.P. Sood, Advocate, for the appellants/non-
applicants.
Mr. Arun Kumar, Advocate, for the respondent-
applicant.
CMP No.1031 of 2022
Heard. Since the respondent is 86 years of age,
therefore, the application for early hearing is allowed.
r The
application stands disposed of.
RSA No.404 of 2019
List for final hearing on 5.5.2022.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
Union of India Vs. Durga Devi and anr.
R.P No.111 of 2021
.
17.3.2022 Present: Mr. Balram Sharma, ASGI, for the petitioner.
Mr. G.C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate, for respondent No.1.
Mr. Vinod Thakur, Addl. A.G with Mr. Rajat Chauhan, Law Officer, for respondent No.2.
CMP(M) No.504 of 2020
Reply to the application on behalf of respondent No.1
is stated to have been filed, however, the same is not on record.
Registry is directed to trace the same and place it on record.
List alongwith CMP(M) No.385 of 2020 on 24.3.2022.
(Tarlok Singh Chauhan)
17.3.2022 Judge
(mamta)
.
Kanta Devi Vs. Tek Chand and others
CMPMO No.65 of 2022
.
17.3.2022 Present: Mr. Parveen Kumar, Advocate, vice Mr. H.S.
Rangra, Advocate for the petitioner.
Mr. Parveen Kumar, Advocate appearing vice Mr.
H.S. Rangra, learned counsel for the petitioner prays for an
adjournment on the ground that original counsel is not
available as he has to go to hospital.
List on 24.3.2022, as prayed for.
(Tarlok Singh Chauhan) Judge
17.3.2022 (mamta)
Kirpa Ram Sharma Vs. Pawan Kumar and others
COPC No.47 of 2022
.
17.3.2022 Present: Mr. Durga Singh Kainthla, Advocate for the petitioner.
Issue Dasti notice for the service of respondent
No.1 returnable for 31.3.2022, on taking steps within one day.
17.3.2022 (mamta) r to (Tarlok Singh Chauhan) Judge
Harjit Singh and ors. Vs. Vijay Kumar and others
RSA No.451 of 2015
.
17.3.2022 Present: Mr. Sumeet Raj Sharma, Advocate for the appellants/non-applicants.
Mr. Janesh Gupta, Advocate, for respondents No,1 and 2/applicants.
CMP No.2344 of 2022
prays for
and is
Notice. Mr. Sumeet Raj Sharma, Advocate appears
and waives service of notice on behalf of the appellant.
granted two weeks' time to He
file
reply/instructions.
List on 31.3.2022.
(Tarlok Singh Chauhan)
Judge 17.3.2022
(mamta)
State of Himachal Pradesh Vs. Nandu
Cr.A No.161 of 2020
.
17.3.2022 Present: Mr. Vinod Thakur, Addl.A.G with Mr. Rajat Chauhan, Law Officer, for the appellant.
None for the respondent.
Mr. Ajay Chauhan, Advocate regrets for his non-
appearance on behalf of the respondent before this Court on
16.3.2022 and states that probably Mr. Vinod Chauhan,
Advocate is representing the respondent in this case and his
presence has been marked wrongly in the previous order
sheets. Fortunately, Mr. Vinod Chahan, Advocate is present in
the Court, who states that it was on the instructions of the
client that he had put in appearance before the learned
Addiitonal Registrar (Judicial) on 10.9.2019, but thereafter, the
respondent did not contact him.
Since there is no appearance on behalf of the
respondent, let non-bailable warrants in the sum of
Rs.10,000/- be issued for securing the presence of the
respondent returnable on 21.4.2022.
(Tarlok Singh Chauhan) Judge 17.3.2022 (mamta)
Parkasho Devi and ors. Vs. State of Himachal Pradesh and ors.
CWPOA No.1616 of 2019 a/w CWPOA Nos. 4551, 4368,
.
4536, 4542, 4570, 4785, 4814, 4861, 4869, 4870, 4940,
4945, 5461 of 2019, 557 of 2020 and CWP Nos. 7965 of 2019 & 1096 of 2021
17.3.2022 Present: Mr. Dilip Sharma, Sr. Advocate with Mr. Manish
Sharma, Advocate, for the petitioners.
Mr. Vinod Thakur, Addl.A.G with Mr. Rajat Chauhan, Law Officer for the respondents-State.
r to List on 31.3.2022, as prayed for.
(Tarlok Singh Chauhan)
Judge 17.3.2022 (mamta)
Harjinder Singh Vs. Himachal Wakf Board and ors.
C.R. No.159 of 2003 a/w C.R Nos. 165 of 2004 and 26 of 2005
.
C.R Nos.159 of 2003 and 165 of 2004
17.3.2022 Present: Mr. Bhupender Gupta, Sr. Advocate with
Mr.Janesh Gupta, Advocate, for the petitioner(s).
Mr. R.K. Bawa, Sr. Advocate, with Mr. Ajay Kumar Sharma, Advocate, for the respondent-Wakf Board
Respondents No.2 to 9 ex parte
C.R No.26 of 2005
Mr. R.K. Bawa, Sr. Advocate, with Mr. Ajay Kumar
Sharma, Advocate, for the petitioner.
Mr. Bhupender Gupta, Sr. Advocate with Mr.Janesh Gupta, Advocate, for respondent No.1.
Respondents No.2 to 9 ex parte
List on 24.3.2022, as prayed for.
(Tarlok Singh Chauhan) Judge 17.3.2022
(mamta)
Jeet Singh Vs. State of H.P.
CWPOA No.7383 of 2019
.
17.3.2022 Present: Ms. Ranjana Pathania, Advocate vice Ms. Archna Dutt, Advocate, for the petitioner.
Mr. Vinod Thakur, Addl.A.G with Mr. Rajat Chauhan, Law Officer for the respondents-State.
At the request of learned counsel appearing for the
r to petitioner, list on 21.4.2022.
(Tarlok Singh Chauhan)
Judge 17.3.2022 (mamta)
Kamal Kant and anr. Vs. Jyoti Prakash and ors.
RSA No.59 of 2022
.
17.3.2022 Present: Mr. R.L. Chaudhary, Advocate for the appellants.
Suit filed by the plaintiffs-appellants was not
maintainable in view of the earlier decree Ext.DW1/B dated
21.1.1985. The remedy, if any, available to the appellants was
this, learned r to to file objections in the Execution Petition.
counsel for the appellant Confronted with
adjournment to obtain further instructions in the matter.
prays for an
List on 7.4.2022.
CMP No. 2621/2022
The application, as prayed for, is allowed and
the applicants are exempted from filing the certified copy
of the Trial Court Judgment in question. The application
stands disposed of.
(Tarlok Singh Chauhan) Judge 17.3.2022 (mamta)
CWPOA No.1764 of 2019 a/w
.
CWPOA No.1802 of 2019
24.12.2021 Present: Mr. Surinder Saklani, Advocate, for the petitioner(s)
Mr. Hemanshu Misra, Addl. A.G., for the respondents.
Heard in part. Learned counsel for the petitioner states
that the issue in these writ petitions is covered by a judgment
rendered by this Court in CWP No.1436 of 2014 titled Jai
Singh Vs. State of H.P. He prays for and is granted two days
time to go through the judgment.
List on 29.12.2021.
(Tarlok Singh Chauhan)
24.12.2021 Judge
(mamta)
Cr.MP(M) No. 1018/2018
24.12.2021 Present: Mr. Rahul, Advocate, vice Mr. Anu Tuli Azta,
.
Advocate, for the petitioner.
Mr. Hemanshu Misra, Addl. A.G for the respondents-State.
Mr. J.L. Bhardwaj, Advocate, for respondent No.14
Learned counsel appearing for the petitioner prays
for an adjournment on the ground that the petitioner has
applied for certain documents under RTI.
r Prayer being not
opposed is allowed.
List on 3rd March, 2022.
(Tarlok Singh Chauhan)
24.12.2021 (mamta) Judge
CR No. 169/2019
24.12.2021 Present: Mr. J.L. Bhardwaj, Advocate, for the petitioner.
.
Mr. R. L. Chaudhary, Advocate, for the respondent alongwith Smt.Sujata, respondent.
List on 29.12.2021, when both the parties or their
authorized representatives shall remain present in the Court.
24.12.2021 (mamta) r to (Tarlok Singh Chauhan) Judge
COPC No. 104/2017
24.12.2021 Present: Mr. P.D. Nanda, Advocate, for the petitioners.
.
Mr. Naveen Awasthy, Advocate vice Mr. Rajesh Verma, Advocate, for respondents No.1, 2 and 5.
Mr. Hemanshu Misra, Addl. A.G for respondents-
State.
CMP No.15735 of 2021
On the last date of hearing, Executive Director, H.P
State Forest Development Corporation, Shimla was directed to
remain present before this Court. Now, the instant application
has been filed seeking exemption from personal appearance
before this Court. The application is allowed and disposed of.
However, the Executive Director, H.P State Forest
Development Corporation, Shimla shall remain present before
this Court on the next date of hearing.
List on 5.1.2022.
(Tarlok Singh Chauhan)
24.12.2021 (mamta) Judge
RSA No. 256/2018
24.12.2021 Present: Mr.Suneet Goel, Advocate, for the appellant.
.
Mr. Ashok Thakur, Advocate, vice counsel for the respondent.
.
At the request of learned counsel appearing for the
respondent, list on 29.12.2021.
24.12.2021 (mamta) r to (Tarlok Singh Chauhan) Judge
RFA No.17/2020
24.12.2021 Present: Mr.Hemanshu Misra, Addl. A.G, for the appellants.
.
Mr. Varun Chandel, Advocate, vice counsel for the respondent No.1.
.
CMP(M) No. 1236 of 2021 and 1237 of 2021
By medium of these applications, the
appellants/applicants have sought for bringing on record the
legal representatives of deceased respondent No.1, who is
stated to have died on 2.8.2020 after seeking condonation of
delay. Since the application is within time in terms of orders
passed by the Hon'ble Supreme Court, therefore, delay in filing
of the application for brining on record the legal
representatives of deceased respondent no.1 is condoned and
abatement, if any, is also set aside. The legal representatives
of deceased respondent No.1, as mentioned in para-4 of the
application, are ordered to be brought on record. The
applications stand disposed of. Amended memo accompanying
the applications is ordered to be taken on record.
RFA No.17 of 2020
Issue notice to the newly added respondents
returnable on 11.3.2022, on taking steps within ten days.
(Tarlok Singh Chauhan) 24.12.2021 (mamta) Judge
CMP(M) No. 126/2019 a/w CMP(M) Nos. 1250 to 1261 of 2019, 1490, 1491 of 2019, 921 and 922 of 2020
.
24.12.2021 Present: Mr. Hemanshu Misra, Addl. A.G, for the applicants/appellants.
Mr. Rupinder Singh, Advocate, for respondents
No.1, 4, 5, 7, 12, 17, 18, 22, 28 to 31, 38, 43, 44, 49, 50, 55, 57, 59, 60, 61, 63, 64, 65, 67, 68, 69, 79, 83, 85, 87 and 88.
CMP(M) No. 921 and 922 of 2020
Issue notice to the proposed LRs of deceased
respondent No.3, as mentioned in para 4 of the application,
returnable for 3rd March, 2022, on taking steps within ten
days.
(Tarlok Singh Chauhan) 24.12.2021 (mamta) Judge
RFA No. 51/2017 a/w RFA Nos.140, 141, 148, 151 to 164 of 2016, 235 and 420 of 2019
.
24.12.2021 Present: M/s. Vivek Negi, Rupinder Thakur, Shashi Kiran,
J.S. Kanwar and Brajesh Saklani, Advocates for the respective appellants.
Mr. Hemanshu Misra, Addl. A.G for the
respondents-State.
M/s. Vivek Negi, Rupinder Singh, Shashi Kiran Advocates, for the respective respondents.
r to CMP(M) No. 832 of 2021 in RFA No.148 of 2016
By medium of this application, the applicant has
sought for bringing on record the legal representatives of
deceased respondent No.8, who is stated to have died on
3.9.2011. Therefore, the legal representatives of deceased
respondent No.8, as mentioned in para-3 of the application, are
ordered to be brought on record. The application stands
disposed of.
List all the matters on 29.12.2021.
(Tarlok Singh Chauhan) 24.12.2021 (mamta) Judge
C.R No.116 of 2017
24.12.2021 Present: Mr. Neeraj Gupta, Sr. Advocate, with Ms. Rinki
.
Kashmiri, Advocate for the petitioner-
non/applicant.
Mr. R.L. Sood, Sr. Advocate with Ms. Sanjivni Sood, Advocate, for the respondent-applicant.
CMP No. 13061 of 2021
Notice. Ms. Rinki Kashmiri, Advocate appears and
waives service of notice on behalf of the non-applicant. Reply
to the application be filed within eight weeks.
List on 2nd March, 2022.
(Tarlok Singh Chauhan)
24.12.2021 (mamta) Judge
FAO (MVA) No.495 of 2017 a/w FAO No.483 of 2017
24.12.2021 Present: Mr. Manish, Advocate vice Mr. Jagdish Thakur,
.
Advocate, for the appellant.
Mr. Surinder Saklani, Advocate, for respondents No.1 to 3.
Mr. M.L. Sharma, Advocate, for respondent No.4.
FAO No. 483 of 2017
Steps for the service of appellant No.3 are still
awaited. Let the needful be done within a period of one week,
failing which the appeal shall be dismissed for want of
prosecution.
List on 30.12.2021.
(Tarlok Singh Chauhan) 24.12.2021 (mamta) Judge
FAO (WCA) No.417 of 2012
24.12.2021 Present: Mr. Ishan Sharma, Advocate, for the appellant.
.
Mr. Sarthak Mehta, Advocate, for respondents No.1 and 2.
Mr. Rukinder Thakur, Advocate, vice counsel for
L.Rs of respondent No.3.
Power of attorney on behalf of the L.Rs No. 3(a) to
3(d) is stated to have been filed. Reply be filed on or before the
next date of hearing.
List on 25.2.2022.
(Tarlok Singh Chauhan) 24.12.2021 (mamta) Judge
CMPMO No.295 of 2012
24.12.2021 Present: Mr. N.K. Gupta, Advocate, for the petitioner.
.
Mr.R.K. Bawa, Sr. Advocate with Mr. Basant, Advocate, for the L.Rs of respondent No.1.
CMP (M) No.1042 of 2021
Reply be filed within 8 weeks.
List on 25.2.2022.
24.12.2021 (mamta) to (Tarlok Singh Chauhan) Judge
RSA No.456 of 2018 a/w RSA No.457 of 2018
24.12.2021 Present: Mr. Ajay Sharma, Sr. Advocate, with Mr. Ajay
.
Thakur, Advocate, for the appellants.
None for respondents.
Notice issued for the service of respondents No.7 to
12 are stated to be awaited. Let the same be awaited for further
three weeks.
List on 2nd March, 2022.
r (Tarlok Singh Chauhan)
24.12.2021 (mamta) Judge
CWP No.7574/2021
1.12.2021 Present: Ms. Kamlesh Sharma, Advocate, for the
.
petitioner.
On the request of learned counsel for the
petitioner, list on 2.12.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
1.12.2021
(mamta)
CWP No.7567/2021
1.12.2021 Present: Mr. Rajneesh K. Lal, Advocate, for the petitioner.
.
Mr. Rajneesh K. Lal, learned counsel for the
petitioner prays for and is granted two days time to implead
the owner of the property as respondent.
List on 3.12.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 1.12.2021 (mamta)
CWP No.7566/2021
1.12.2021 Present: Ms. Veena Sharma, Advocate, for the
.
petitioner.
On the request of learned counsel for the
petitioner, list on 2.12.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
1.12.2021
(mamta)
CWP No.7501/2021
29.11.2021 Present: Mr. Vinay Sharma, Advocate, for the petitioner.
.
Mr. Ajay Chauhan, Advocate, for the respondents- No.1 and 2.
Mr. Angrej Kapoor, Advocate, for respondent No.3.
Leaving all questions of law open, Admit. Tag
with CWPOA No.1494 of 2019.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.11.2021
(mamta)
.
CWPOA No.4373/2019
29.11.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rajesh Kumar, Advocate, for the petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondent-State.
Mr. Rajiv Jiwan, Sr. Advocate with Mr. Ajit Sharma, Advocate for respondent No.2.
Mr. Surinder Verma, Advocate, for respondent No.3.
Mr. Vikrant Thakur, Advocate, for respondents
No.4 and 5.
Mr. Karan Singh Parmar, Advocate, for respondents No.6 to 15 (except respondent No.12).
Mr. Vikas Rajput, Advocate, for respondents No.16
to 20.
Heard in part. List for continuation on 1.12.2021
when the relevant material relating to the amendment in the
Rules be produced for perusal.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.11.2021 (mamta)
CWP No.5195/2020
29.11.2021 Present: Mr. Rajiv Rai, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Ms. Shreya Chauhan, Advocate for respondents No.3 and 7.
Mr. Karun Negi, Advocate, for respondent No.9.
Mr. Dalip K. Sharma, Advocate, for respondents No.10 and 11.
Reply on behalf of respondents No.10 and 11 is
stated to have been filed, however, the same is not on record.
Registry is directed to trace the same and place it on record.
Rejoinder to the reply(ies) be filed within two
weeks. List for consideration on 20.12.2021. Additional
documents/pleadings, if any, be also filed in the meanwhile.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.11.2021 (mamta)
FAO (FC) No. 63/2021
27.11.2021 Present: Mr. Vinod Thakur, Advocate, for the appellant.
.
CMP(M) No.1086/2021
The present application has been filed seeking
condonation of delay. The appeal is within time in terms of
order passed by the Hon'ble Supreme Court. Therefore, the
application seeking condonation of delay in filing of the appeal
is clearly misconceived and is disposed of as such.
FAO (FC) No. 63/2021 & CMP No. 13968/2021
Issue notice to the respondent returnable for
4.12.2021, on taking steps within two days. Only on the
deposit of the decretal amount alongwith interest within a
period of four weeks, operation and execution of the impugned
judgment dated 9.3.2020 in Civil Suit No. 242/2013 passed by
the learned Principal Judge, Family Court, Hamirpur, H.P, is
ordered to be stayed.
Records of the case be also called for.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021 (mamta)
CWPOA No.1868/2020
27.11.2021 Present: Ms. Ekta, Advocate, vice counsel for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Despite opportunity having been granted way back
on 17.3.2020 to file the rejoinder, the petitioner has failed to
file the same. As a matter of sheer indulgence and by way of
last opportunity, two weeks' further time is granted to file
rejoinder, failing which right to file the same shall be deemed to
be closed.
List on 13.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
27.11.2021 (mamta)
CWP No.6274 of 2021
27.11.2021 Present: Mr. B.N. Mehta, Advocate, for the petitioner.
.
Mr. Balram Sharma, ASGI, for the respondents.
Leaving all question of law open, issue notice. Mr.
Balram Sharma, learned ASGI, appears and waives service of
notice on behalf of the respondents.
Admit. List after sixteen weeks.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
27.11.2021
(mamta)
.
CWP No.7440 of 2021
.
27.11.2021 Present: Mr. Tarun K. Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for respondent-State.
CWP No.7440 of 2021 & CMP No. 13964/2021
Learned counsel for the petitioner states that the
r to transfer of the petitioner has been effected solely on the basis
of D.O Note bearing No.340908 dated 17.11.2021. In such
circumstances, issue notice. Mr. Rajinder Dogra, learned
Senior Additional Advocate General appears and waives service
of notice on behalf of respondents No.1 and 2. Issue Dasti
notice for the service of respondent No.3 returnable for
6.12.2021.
In the meanwhile, impugned order of transfer
dated 24.11.2021 (Annexure P-1) qua the petitioner is ordered
to be stayed.
Copy Dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021 (mamta)
CWP No.7446 of 2021
.
27.11.2021 Present: Mr. Surender Sharma, Advocate, for the petitioner.
Mr. Lakshay Thakur, Advocate for the respondent.
Notice. Mr. Lakshay Thakur, Advocate appears
and waives service of notice on behalf of the respondents. He
prays for and is granted two weeks' time to file
reply/instructions.
r List on 13.12.2021.
Copy Dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021 (mamta)
CWP No.7453 of 2021
27.11.2021 Present: M/s. Prashant Sharma and Ajit Sharma,
.
Advocates, for the petitioner.
Mr. Narinder Thakur, Advocate, for the respondent.
Notice. Mr. Narinder Thakur, Advocate appears
and waives service of notice on behalf of the respondent.
Heard. It is rather shocking that the appeal of the
petitioner, which was required to be dealt with by the Board of
Directors in accordance with the Rules, has been simply
rejected on the ground of limitation by General Manager of the
Bank.
On this, learned counsel for the respondent prays
for and is granted two days' time to seek instructions.
List on 30.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021 (mamta)
Cr.WP No.13 of 2021
27.11.2021 Present: Mr. Anup Rattan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.2, 4 and 5-State.
SI Rajesh Kumar, I/O, P.S. Dehra
Today status report has been filed and the same is
ordered to be taken on record. Confronted with this, learned
counsel for the petitioner prays for and is granted two weeks'
time to obtain further instructions in the matter.
Presence of SI Rajesh Kumar, Investigating Officer,
P.S. Dehra is dispensed with for the next date of hearing.
List on 18.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 27.11.2021 (mamta)
CWPOA No.8096 of 2019
27.11.2021 Present: Mr. Mehar Chand, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Learned counsel for the petitioner submits that the
petitioner has died and he has filed the application for bringing
his LRs on record. However, the same is not on record.
Registry is directed to trace the same and place it on record.
List on 13.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
27.11.2021 (mamta)
CWP No.1658 of 2020
27.11.2021 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.1 to 3-State.
Mr. Harish Sharma, Advocate, for respondent No.5.
Respondent No.4 has been served but no one has
put in appearance on his behalf.
Learned counsel for the petitioner prays for and is
granted two weeks' time to file rejoinder.
List for consideration on 18.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 27.11.2021 (mamta)
CWPOA No.1841 of 2020
27.11.2021 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Reply is yet to be filed. Let the same be filed
within four weeks
r to
List on 4.1.2022.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
27.11.2021
(mamta)
CWP No.1439 of 2019
27.11.2021 Present: Mr. Chaman Singh, Advocate vice Mr. Atul
.
Jhingan, Advocate for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for respondents-State.
Mr. K.D. Sood, Senior Advocate with Mr. Surinder Saklani, Advocate, for respondent No.3.
Mr. Chaman Singh, Advocate appearing vice Mr.
Atul Jhingan, Advocate for the petitioner prays for an
adjournment. Prayer not opposed. Granted.
List on 13.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
27.11.2021 (mamta)
CWP No.7079 of 2021
27.11.2021 Present: Mr. Naresh Kaul, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Admit. List on 13.12.2021 alongwith CWP
No.2500 of 2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021
(mamta)
CWP No.7080 of 2021
27.11.2021 Present: Mr. Naresh Kaul, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Admit. List on 13.12.2021 alongwith CWP
No.2500 of 2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.11.2021
(mamta)
CWP No. 7393/2021
25.11.2021 Present: Mr. Sanjeev K. Suri, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.1 and 2-State.
Mr. Sanjeev K. Motta, Advocate, for respondent No.3.
CWP No. 7393/2021 & CMP No. 13817/2021
Notice confined to respondents No. 1 to 3.
Vinod Thakur, learned Additional Advocate General and Mr.
Sanjeev Kumar Motta, Advocate, appear and waive service of Mr.
notice on behalf of the respective respondents.
List on 27.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
25.11.2021 (mamta)
FAO (FC) No. 47/2021
25.11.2021 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Amit
.
Jamwal, Advocate, for the appellant.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram, Advocate, for the respondent.
Mr. Het Ram, Advocate has put in appearance on
behalf of the respondent. The instant case is a matrimonial
dispute, therefore, it is incumbent upon this Court to make an
endeavour for amicable settlement.
r Let both the parties
remain present before this Court on the next date of hearing.
List on 16.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
25.11.2021 (mamta)
FAO (FC) No. 45/2021
25.11.2021 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Amit
.
Jamwal, Advocate, for the appellant.
Ms. Hema Chauhan, Advocate, for the respondent.
Ms. Hema Chauhan, Advocate has put in
appearance on behalf of the respondent by filing memo of
appearance. She prays for and is granted two weeks' time to
The r to file power of attorney on behalf of the respondent.
instant case is a matrimonial
therefore, it is incumbent upon this Court to make an dispute,
endeavour for amicable settlement. Let both the parties
remain present before this Court on the next date of hearing.
List on 13.12.2021 alongwith FAO No.59 of 2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 25.11.2021 (mamta)
CWP No.1625/2017
25.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani
Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioners-State.
Mr. C.N.Singh, Advocate, for the respondent.
Court time is over. List on 16.12.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
25.11.2021
(mamta)
CWP No.1599 of 2020 a/w CWP Nos. 1686 to 1688, 1695, 1696 and 1851 of 2020
.
25.11.2021 Present: Mr. Shrawan Dogra, Sr.Advocate with Mr. Peeyush
Verma, Mr. Lovneesh Kanwar and Mr. Devinder K. Sharma, Advocates for the respective petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Court time is over. As prayed for, list on
16.12.2021. r (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
25.11.2021 (mamta)
Cr.A No.141/2019
25.11.2021 Present: Ms. Lalita Verma, Advocate, for the appellant
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Court time is over. List after six weeks.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 25.11.2021 (mamta)
Cr.A No.615/2019 a/w Cr.A No.589 of 2019
25.11.2021 Present: Mr. Vinod Kumar Gupta, Advocate, for the
.
appellant(s)
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State.
Court time is over. List after six weeks.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.11.2021 (mamta)
Cr.A No.383/2020 a/w Cr.A No.118 of 2020
Cr.A. No.383 of 2020
.
25.11.2021 Present: Mr. Gautam Sood, Advocate, for the appellant
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani
Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Cr.A. No.118/2020
Mr. Vinod Kumar Gupta, Advocate, for the appellant(s)
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State.
Court time is over. List after six weeks.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 25.11.2021
(mamta)
.
RP No. 94/2021
25.11.2021 Present: Mr. Sudhir Thakur, Senior Advocate with Mr.
.
Karun Negi, Advocate for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State.
Mr. Rajiv Rai, Advocate, for respondent No.5.
After hearing the parties, we are of the considered
party.
r to view that Smt. Veena Devi, W/o Shri Jai Chand, R/o Village
Javi, P.O Darla, Tehsil Arki, District Solan, H.P is a necessary
Therefore, she is ordered to be impleaded as party
respondent, who shall figure as respondent No.6.
Issue Dasti notice for the service of newly added
respondent returnable for 9.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 25.11.2021 (mamta)
FAO(FC) No.23/2021
25.11.2021 Present: Mr. Devender K Sharma, Advocate, for the
.
appellant.
Ms. Leena Guleria, Advocate, for the respondent.
Admit.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
25.11.2021
(mamta)
CWPOA No.7002/2020
25.11.2021 Present: Mr. Digvijay Singh, Advocate, for the petitioner.
.
Mr. Vikas Rajput, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu
Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.2-State.
Admit. Tag alongwith CWPOA Nos. 6883, 6885,
6887 and 6891 2020.
r to (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 25.11.2021 (mamta)
CWP No.221/2021
25.11.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Surinder Saklani, Advocate for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for respondents-State.
Mr. R.K. Gautam, Sr. Advocate, with Mr. Narender Singh Thakur, Advocate for respondent No.3.
9.12.2021.
List
r to
alongwith CWPOA No.4695 of 2019 on
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
25.11.2021
(mamta)
CWPOA No.6405/2020 a/w CWP No.2014 of 2021
CWPOA No.6405/2020
.
25.11.2021 Present: Mr. Ramakant Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1-State.
Mr. D.K. Khanna, Advocate for respondent No.2.
CWP No.2014 of 2021
Mr. C.S. Thakur, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Vikrant Thakur, Advocate for respondent No.3.
CMP-T No.759 of 2021 in CWPOA No.6405/2020
Since pleadings are not complete, therefore,
application for early hearing is dismissed.
CWPOA No.6405/2020 & CWP No.2014/2021
Respondents are directed to file reply(s) within two
weeks, failing which the erring respondents shall personally
appear before this Court alongwith the relevant records on the
next date of hearing.
List alongwith CWPOA No.2929 of 2020 on
9.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.11.2021 (mamta)
CWP No.6187/2020
25.11.2021 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Arguments heard. Judgment reserved
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 25.11.2021 (mamta)
CWPOA No.5379/2020
25.11.2021 Present: Petitioner in person.
.
Mr. Amit Singh Chandel, Advocate for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.2-State.
It appears that the dues as admissible to the
petitioner are not being released simply for want of approval of
Board of Directors. The respondent-Board ought to be kind to
the petitioner, who is 76 years old.
Given the facts and circumstances of the case, we
direct the respondent-authorities to convene a meeting of the
Board of Directors either virtually or physically before
15.12.2021 and report compliance on the next date of hearing.
List on 16.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.11.2021 (mamta)
CWPOA No.3823/2021
24.11.2021 Present: Mr. Aman Parth, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
CMP No.13758 of 2021
Mr. Aman Parth, learned counsel for the petitioner
separate
has filed this application for furnishing the security. He states
that the co-sharers have simply submitted NOCs without
submitting
security bonds. Therefore, before
proceeding further to consider this application, let the security
bond be furnished within a period of one week.
CMP No.13760 of 2021
Allowed and disposed of.
CWP No. 3823 of 2021
Learned Additional Advocate General has placed
on record instructions dated 16.11.2021. The same are
ordered to be taken on record.
List on 1.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.11.2021 (mamta)
CWPOA No.6887/2020
24.11.2021 Present: Mr. Digvijay Singh, Advocate, for the petitioner.
.
Mr. Vikas Rajput, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu
Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.2-State.
Mr. Vikas Rajput, learned counsel for respondent
No.1 states that inadvertently reply could not be filed.
prays for and is granted one weeks' time to file reply.
Admit. Tag alongwith CWPOA Nos. 6883, 6885, He
6891 and 7002 of 2020.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWPOA No.6891/2020
24.11.2021 Present: Mr. Digvijay Singh, Advocate, for the petitioner.
.
Mr. Vikas Rajput, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu
Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.2-State.
Mr. Vikas Rajput, learned counsel for respondent
No.1 states that inadvertently reply could not be filed.
prays for and is granted one weeks' time to file reply.
Admit. Tag alongwith CWPOA Nos. 6883, 6885, He
6887 and 7002 of 2020.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWPOA No.7177/2020
24.11.2021 Present: Ms. Soma Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Leaving all questions of law open, Admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWPOA No.8/2021
24.11.2021 Present: Ms. Soma Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Leaving all questions of law open, Admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWP No.6358/2020
24.11.2021 Present: Mr. J. L. Bhardwaj, Advocate, for the petitioner
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Dinesh Kumar Thakur, Advocate, for respondent No.3.
Mr. Vijay Singh Thakur, Advocate, for respondent
No.4.
Mr. Vinod Thakur, Advocate, for respondent No.5.
Mr. Rajinder Dogra, learned Senior Additional
Advocate General states that he is under instruction not to file
any independent reply on behalf of the State and he adopts the
reply filed by respondent No.3. His statement is taken on
record.
Mr. Vinod Thakur, learned counsel for respondent
No.5 states that even though he had earlier filed reply but the
same is not on record. He prays for and is granted two weeks'
time to file fresh reply. Rejoinder already stands filed.
List on 1.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.11.2021 (mamta)
CWP Nos.404 and 405 of 2021
24.11.2021 Present: Ms. Suman Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Rajinder Dogra, learned Senior Additional
Advocate General has placed on record instructions dated
11.11.2021. Confronted with this, learned counsel for the
petitioner prays for and is granted two weeks' time to obtain
instructions from her client.
List on 8.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
24.11.2021 (mamta)
CWP No.3458/2021
24.11.2021 Present: Mr. Virender Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr.Virender Katoch, Advocate, vice Mr. K.S. Banyal, Senior Advocate, for respondents No.4 and
Mr. Rajinder Dogra, learned Senior Additional
Advocate General states that he is under instruction not to file
reply on behalf of the State. His statement is taken on record.
Rejoinder to the reply filed on behalf of
respondents No.4 and 5 be filed within three weeks.
List on 15.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWP No.1011/2021 a/w CWP Nos.995 to 999, 1002 to 1008, 1010 and 1012 of 2021
.
24.11.2021 Present: Mr. Hamender Singh Chandel, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
M/s. Dalip K. Sharma, and Sushma Sharma,
Advocates¸ for respondent No.3.
Mr. Rajinder Dogra, learned Senior Additional
Advocate General prays for and is granted one week's time to
obtain instructions as to whether the State is to file a separate
reply in CWP Nos.995 to 999 of 2021 and 1002 to 1008 of
2021 or would be adopting the reply filed in CWP Nos.1010,
1011 and 1012 of 2021.
List on 1.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 24.11.2021 (mamta)
CWP No.875/2021
24.11.2021 Present: Ms. Archana Dutt, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Despite being put to formal notice as far back as
on 19.4.2021, the respondents have failed to file reply. As a
matter of sheer indulgence and by way of last opportunity,
three weeks' further time is granted to file reply, failing which
right to file the same shall be deemed to be closed and the
erring respondents shall personally appear before this Court
alongwith the relevant records on the next date of hearing.
List on 15.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWP No.4093/2021
24.11.2021 Present: Mr. Mohit Thakur, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Senior Additional Advocate General. for respondents No.1 and 2-State.
Mr. Sanjeev Kumar Motta, Advocate for respondent
No.3.
Mr. Jogesh Kumar Chandel, Advocate, for respondent No.5.
Learned counsel appearing for respondent No.3 to
take specific instructions as and when Annexure AP-8 was
uploaded on its official webpage.
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWP No.3771/2021
24.11.2021 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
.
Mr. Sanjeev K. Suri, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Sanjeev K. Suri, Advocate prays for and is
granted two weeks further time to file reply. Rejoinder be filed
within four weeks thereafter.
List on 29.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
24.11.2021 (mamta)
.
CWP No. 6362/2020
24.11.2021 Present: Mr. Varun Chandel, Advocate, for the petitioner.
.
Mr. V.B. Verma, CGC, for respondents No.1 to 4.
Mr. A.K. Gupta, Advocate for respondent No.6.
Respondent No.6 is yet to file reply. Learned
counsel appearing for 6th respondent submits that despite his
best efforts, he is not in a position to contact her.
r to List for consideration on 1.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 24.11.2021 (mamta)
CWPOA No. 6591/2020
24.11.2021 Present: M/s. Kishore Pundeer and Alvin Massey
.
Advocates, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur & Mr. Hemanshu Misra, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State
Despite the respondents being put to formal notice
on 27.3.2019, reply, for over a period of more than two years,
has not been filed by them. Mr. Rajinder Dogra, learned Senior
Additional Advocate General prays for and is granted two
weeks' time to file reply, failing which their right to file reply
shall be deemed to have been closed and the erring
respondents shall personally appear before this Court
alongwith the relevant records on the next date of hearing.
List on 15.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.11.2021 (mamta)
CWP No. 2703/2021
18.11.2021 Present: None for the petitioner.
.
Mr. Sanjay Dalmia, Advocate, for the respondent. Mr. Vipin Pandit, Advocate, for the applicant in CMP No. 11979/2021.
Despite repeated calls, none has put in appearance
on behalf of the petitioner. Even on the last date of hearing, i.e.
11.11.2021, there was no appearance on behalf of the
petitioner. Therefore, this court is left with no other option,
but to dismiss the instant petition, so also the pending
application(s), if any, for want of appearance as also non-
prosecution. Ordered accordingly. All interim orders are
ordered to be vacated.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021
(pankaj)
CWP No. 7073/2021
18.11.2021 Present: Mr. Lovneesh Kanwar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents.
On the joint request of learned counsel for the
parties, list on 25.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWP No. 5896/2021
18.11.2021 Present: Mr. O. P. Goel, Advocate, for the petitioner.
.
Mr. Naresh Kaul, Advocate, for the respondents.
Leaving all question of law open, notice. Mr.
Naresh Kaul, Advocate, appears and waives service of notice on
behalf of the respondents. He prays for and is granted six
weeks' time to file reply.
List on 30.12.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
18.11.2021
(pankaj)
CWP No. 5964/2021
18.11.2021 Present: Mr. Naveen K. Bhardwaj, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
CMP No. 11528/2021
For the reasons stated in the application, delay in
removing the objections is ordered to be condoned. The
application stands disposed of.
CWP No. 5964/2021
Leaving all question of law open, notice. Mr.
Bhupinder Thakur, learned Deputy Advocate General, appears
and waives service of notice on behalf of the respondents. He
prays for and is granted six weeks' time to file reply.
List on 30.12.2021.
CMP No. 11527/2021
The application is disposed of with a direction to
the petitioner/applicant to file typed/legible copies of
Annexures P-1 to P-12 within a period of six weeks from today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWP No. 5967/2021
18.11.2021 Present: Mr. Digvijay Singh, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents
No. 1 and 2.
CMP No. 11530/2021
For the reasons stated in the application, delay in
removing the objections is ordered to be condoned. The
application stands disposed of.
CWP No. 5967/2021
Leaving all questions of law open, admit. List
along with CWP No. 5729/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 18.11.2021 (pankaj)
CWP No. 5968/2021
18.11.2021 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
.
Mr. Vivekanand Negi, Advocate, for respondents No. 1 and 2.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.3.
Admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
18.11.2021
(pankaj)
CWP No. 5982/2021
18.11.2021 Present: Ms. Soma Thakur, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWP No. 5986/2021
18.11.2021 Present: Mr. Pawnish Shukla, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 5986/2021
Leaving all questions of law open, admit.
CMP No.11565/2021
The application is disposed of with a direction to
the petitioner/applicant to file translated copy of Annexure P-3
within a period of six weeks from today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
18.11.2021 (pankaj)
CWP No. 5989/2021
18.11.2021 Present: Ms. Soma Thakur, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWP No. 6034/2021
18.11.2021 Present: Mr. Om Parkash Goel, Advocate, for the petitioner.
.
As prayed for, list before the learned Principal
Bench on 23.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWP No. 6035/2021
18.11.2021 Present: Mr. Om Parkash Goel, Advocate, for the petitioner.
.
As prayed for, list before the learned Principal
Bench on 23.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWPIL No. 6/2017
18.11.2021 Present: Mr. Deven Khanna, Advocate, as Amicus Curiae.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents No. 1 to 16/State. Mr. Shivank Singh Panta, Advocate, for respondent No.17-HPTDC.
Mr. Naresh K. Gupta, Advocate, for respondent No.18-M.C. Shimla.
Mr. Balram Sharma, ASGI, for respondent No.19- UOI.
Mr. K. D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, for respondent No.20-NHAI.
On the joint request of learned counsel for the
parties, list before the learned Principal Bench on 22.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWPIL No. 108/2017 a/w CWP No. 2077/2017
.
CWPIL No. 108/2017
18.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents No. 1 to 7/State.
and 13.
Mr. Tara Singh Chauhan, Advocate, for respondent No.9.
Mr. K. D. Sood, Sr. Advocate with Mr. Het Ram Thakur, Advocate, for respondent No.10. Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for respondents No. 11 and 12.
CWP No. 2077/2017 Mr. Sanjay Verma, Advocate, vice Ms. Shalini
Thakur, Advocate, for the petitioners. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents No. 1 to 7/State. Mr. Balram Sharma, ASGI for respondent-Union of India.
Mr. Tara Singh Chauhan, Advocate, the applicant in CMP No. 8159/2017.
Mr. Devinder K. Sharma, Advocate, for the applicant in CMP No. 4246/2019. Mr. Deepak Kaushal, Advocate, for the applicant in CMP No. 10440/2017 and CMP No. 10666/2021.
Mr. Sanjay Verma, Advocate, prays for and is
granted an adjournment on the ground that the original
counsel is not available today.
List before the learned Principal Bench on
22.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
Ex. Pet. No. 130/2021
18.11.2021 Present: Ms. Babita, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned Senior Additional Advocate General has
filed the compliance affidavit, which clearly discloses that the
case of the petitioner has been considered and thereafter
rejected vide order dated 15.6.2015.
The petition already stands disposed of. Therefore,
the only direction, which can be passed at this stage, is
reserving liberty to the petitioner to assail the consideration
order in accordance with law. Ordered accordingly. The matter
is closed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
Cr. A. No. 405/2019
18.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant.
The application filed by the appellant-State is lying
under objections. Learned Deputy Advocate General
undertakes to remove the same within one week.
List on 2.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
CWPs No. 89, 90, 221, 222, 223, 271, 283, 826 and 932/2020
18.11.2021 Present: Mr. Vikas Rajput, Mr. Mukul Sood, Mr. Vinod
.
Chauhan and Mr. Shyam Singh Chauhan,
Advocates, for the respective petitioner(s).
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned Senior Additional Advocate General prays
for and is granted two weeks' time to file the compliance report,
failing which erring respondents shall personally appear before
this Court along with relevant records on the next date of
hearing.
List on 2.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 18.11.2021 (pankaj)
FAO (FC) No. 31/2021
18.11.2021 Present: Mr. G. R. Palsra, Advocate, for the appellant.
.
Mr. Surinder Saklani, Advocate, for the respondent.
On the joint request of learned counsel for the
parties, list on 9.12.2021.
(Tarlok Singh Chauhan)
Judge
18.11.2021
r to (Satyen Vaidya)
Judge
(pankaj)
LPA No. 49/2021
18.11.2021 Present: Mr. Karan Singh Parmar, Advocate, for the
.
appellant.
Mr. B. N. Sharma, Advocate, for respondent No.1.
Steps for service of respondents No. 2 and 8 to 12
not taken. The same, as prayed for, be taken within one week.
Thereafter, issue notice to the aforesaid respondents
returnable for 16.12.2021, when the matter will be listed before
the Registrar concerned.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
18.11.2021
(pankaj)
Ex. P. No 133/2021
18.11.2021 Present: Mr. N. D. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
The order in question stands complied with
inasmuch as the respondents have passed the consideration
order. Therefore, in case the petitioner is still aggrieved by the
consideration order, he is at liberty to assail the same in
accordance with law. The matter is closed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 18.11.2021
(pankaj)
Ex. Pet. No. 206/2021
18.11.2021 Present: Mr. Bonit Thakur, Advocate vice Mr. A. K. Gupta,
.
Advocate, for the petitioner.
Mr. Anil God, Advocate, for the respondents.
Learned counsel for the respondents prays for and
is granted four days' time to comply with the order in question.
List on 23.11.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
18.11.2021
(pankaj)
Ex. Pet. No. 208/2021
18.11.2021 Present: Mr. Rakesh Kumar, Advocate, for the petitioner.
.
Mr. Ajay K. Chauhan, Advocate, for the
respondents.
Learned counsel for the respondents states that
the order in question stands complied with inasmuch as entire
retiral benefits have been paid to the petitioner. His statement
is taken on record.
In view of above, no further order is required to be
passed and the matter is closed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
Ex. Pet. No. 221/2021
18.11.2021 Present: Mr. Rakesh Kumar, Advocate, for the petitioner.
.
Mr. Ajay Kumar Chauhan, Advocate, for the respondents.
Learned counsel for the respondents states that
the order in question could not be complied with as there are
departmental proceedings as also a criminal case pending
against the petitioner.
Confronted with this, learned counsel for the
petitioner prays for and is granted two weeks' time to ascertain
this position.
List on 3.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
18.11.2021 (pankaj)
Ex. Pet. No. 343/2021
18.11.2021 Present: Mr. Mandeep Chandel, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State
CMP No. /2021
The respondents-State have filed an application for
extension of time. However, the same is not on record. A copy
of the application has been made available to us.
Be registered. Having gone through the contents
of the application, we find the action of the respondents-State
to be fully justified in seeking six weeks' time to comply with
the order in question. Ordered accordingly. Application stands
disposed of.
Ex. Pet. No. 343/2021
For compliance, list on 30.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
Ex. Pet. No. 345/2021
18.11.2021 Present: Mr. Parveen Chandel, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State
The order in question stands complied with
inasmuch as the respondents have passed the consideration
order. Therefore, in case the petitioner is still aggrieved by the
consideration order, he is at liberty to assail the same in
accordance with law. The matter is closed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 18.11.2021
(pankaj)
Ex. Pet. No. 368/2021
18.11.2021 Present: Mr. Ashok Kumar, Advocate, for the petitioner.
.
Mr. Anil God, Advocate, for the respondents No. 1 and 2.
The order in question stands complied with
inasmuch as the respondents have passed the consideration
order. Therefore, in case the petitioner is still aggrieved by the
consideration order, he is at liberty to assail the same in
accordance with law. The matter is closed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.11.2021 (pankaj)
LPA No. 458/2012
.
17.11.2021 Present: Mr. Ashok Sharma, Sr. Advocate with Mr.
Ramakant Sharma, Advocate, for the appellants.
Mr. Jiwan, Advocate, vice counsel for respondent No.2.
Mr. Vinod Thakur, Advocate, for respondent No.3.
Heard in part. For continuity, list on 24.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 17.11.2021 (pankaj)
CWP No. 2696/2021
17.11.2021 Present: Mr. K. D. Shreedhar, Senior Advocate with Mr.
.
Saurabh Ahluwalia, Advocate, for the petitioner.
Mr. V. D. Khidtta, Advocate, for the respondent.
On the request of learned counsel for the
petitioner, list on 24.11.2021.
(Tarlok Singh Chauhan)
Judge
17.11.2021
r to (Satyen Vaidya)
Judge
(pankaj)
CWP No. 2695/2021
17.11.2021 Present: Mr. K. D. Shreedhar, Senior Advocate with Mr.
.
Saurabh Ahluwalia, Advocate, for the petitioner.
Mr. V. D. Khidtta, Advocate, for the respondent.
On the request of learned counsel for the
petitioner, list on 24.11.2021.
(Tarlok Singh Chauhan)
Judge
17.11.2021
r to (Satyen Vaidya)
Judge
(pankaj)
CWP No. 5839/2021
16.11.2021 Present: Ms. Ekta, Advocate, vice Mr. Vinay Sharma,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State
Leaving all questions of law open, admit. Tag
along with CWP No. 5837/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.11.2021 (pankaj)
CWP No. 5841/2021
16.11.2021 Present: Ms. Ekta, Advocate, vice Mr. Vinay Sharma,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State
Leaving all questions of law open, admit. Tag
along with CWP No. 5837/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.11.2021 (pankaj)
CWP No. 5840/2021
16.11.2021 Present: Ms. Ekta, Advocate, vice Mr. Vinay Sharma,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State
Leaving all questions of law open, admit. Tag
along with CWP No. 5837/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.11.2021 (pankaj)
CWP No. 5848/2021
16.11.2021 Present: Mr. Vijay K. Thakur, Advocate, for the petitioner.
.
Mr. Ajay K. Chauhan, Advocate, for the respondents.
Leaving all questions of law open, admit. Tag
along with CWPOA No. 1494/2019.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 16.11.2021 (pankaj)
CWP No. 5843/2021
16.11.2021 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
.
Mr. Vinod Thakur, Advocate, for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
16.11.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 5844/2021
16.11.2021 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
.
Mr. Vinod Thakur, Advocate, for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
16.11.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 5897/2021
16.11.2021 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
.
Mr. Vinod Thakur, Advocate, for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
16.11.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 5904/2021
16.11.2021 Present: Mr. Bonit Thakur, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
16.11.2021
(pankaj)
CWP No. 5907/2021
16.11.2021 Present: Mr. Bonit Thakur, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
16.11.2021
(pankaj)
CWP No. 7110/2021
16.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioners.
CWP No. 7110/2021
Issue notice to the respondent, returnable for
28.12.2021, on taking steps within one week.
CMP No. 13357/2021
Heard. Subject to the petitioners' depositing the
award amount within a period of six weeks from today,
operation and execution of the impugned order dated
28.6.2021 (Annexure P-1) is ordered to be stayed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.11.2021 (pankaj)
CWP No. 7126/2021
16.11.2021 Present: Mr. Ashok Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents
CWP No. 7126/2021 & CMP No. 13369/2021
Notice. Mr. Bhupinder Thakur, learned Deputy
Advocate General appears and waives service of notice on
behalf of the respondents. He prays for and is granted four
weeks' time to file reply. List on 14.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 16.11.2021
(pankaj)
CWP No. 7134/2021
16.11.2021 Present: Mr. Ramakant Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents No.1 to 3.
CWP No. 7134/2021 & CMP No. 13384/2021
Notice. Mr. Bhupinder Thakur, learned Deputy
Advocate General appears and waives service of notice on
behalf of respondents No. 1 to 3. Issue notice to respondent
No.4 under order 5 Rule 9A CPC, returnable for 30.11.2021.
In the meanwhile, operation and execution of the impugned
order dated 9.11.2021 (Annexure P-1) is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
16.11.2021 (pankaj)
CWP No. 7138/2021
16.11.2021 Present: Mr. Ajit Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
CWP No. 7138/2021 & CMP No. 13390/2021
Notice. Mr. Bhupinder Thakur, learned Deputy
Advocate General appears and waives service of notice on
behalf of the respondents. He prays for and is granted three
weeks' time to file reply. List on 14.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 16.11.2021
(pankaj)
CWP No. 3193/2019 & CWP No. 3601/2021
16.11.2021 Present: Ms. Devyani Sharma, Advocate, for the petitioner
.
in CWP No. 3193/2019.
Mr. M.L. Sharma, Advocate, for the petitioner in CWP No. 3601/2021.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
CWP No. 3193/2019 & CWP No. 3601/2021
r to Admit. List for hearing on 30.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 16.11.2021 (pankaj)
CWP No. 3832/2019 a/w CWP No. 5199/2020
16.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioner in CWP No. 3832/2019 and for the respondents-State in CWP No. 5199/2020.
Mr. Vishwa Bhushan, Advocate, for the respondent in CWP No. 3832/2019 and for the petitioner in CWP No. 5199/2020.
r to Heard further. For continuity, list on 18.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 16.11.2021 (pankaj)
CWP No. 1100/2020
16.11.2021 Present: Mr. Sunil Mohan Goel, Advocate, for the
.
petitioner.
Mr. K. D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, for respondent-NHAI. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-State.
On the request of learned counsel for the
petitioner, list on 23.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
16.11.2021
(pankaj)
CWPOA No. 2050/2020
16.11.2021 Present: Ms. Rita Hingmang, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Admit. List for hearing on 30.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.11.2021 (pankaj)
.
CWP No. 491/2021
15.11.2021 Present: Mr. Dushyant Dadwal, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Mr. Arun Sehgal, Advocate, for respondents No. 2 and 3.
Mr. Dilip Sharma, Sr. Advocate with Mr. Mani Sharma, Advocate, for the applicants in CMPs No.
3470 & 4264/2021.
Heard in part. For continuity, list on 17.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 15.11.2021 (pankaj)
CWP No. 992/2021
15.11.2021 Present: Mr. Mohar Singh, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned counsel for the petitioner fairly states that
the seniority of the petitioner has been corrected and the only
issue now remains for adjudication is regarding promotion of
the petitioner to the post of Head Master, that too, from the
date when his juniors were promoted.
Since promotions are to be carried out by the
Director Higher Education, therefore, he is ordered to be
impleaded as party respondent, who shall figure as respondent
No.3.
Issue notice to newly added respondent. Mr.
Bhupinder Thakur, learned Deputy Advocate General appears
and waives service of notice on behalf of respondent No.3. He
prays for and is granted four weeks' time to file reply.
List on 13.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 15.11.2021 (pankaj)
CWP No. 2385/2021
15.11.2021 Present: Mr. H. S. Rana, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Ms. Anubhuti Sharma, Advocate, for respondents No. 4 to 10, 12, 13, 15, 16, 18 to 23. Mr. Abhishek Verma, Advocate, vice Mr. Deepak Kaushal, Advocate, for respondents No. 11, 17, 24
and 25.
Ms. Shikha Chauhan, Advocate, for respondent No. 14.
Ms. Seema K. Guleria, Advocate, for respondent
No.26.
The respondents, who are yet to file reply, pray for
and are granted two weeks' time to file reply.
List on 6.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 15.11.2021 (pankaj)
CWP No. 2796/2021
15.11.2021 Present: Mr. Surender Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Mr. Surender Verma, Advocate, for respondent No.3.
Mr. Rajiv Jiwan, Sr. Advocate with Mr. Ajit Sharma, Advocate, for respondent No.4.
Reply on behalf of respondent No.3 is stated to
have been filed. Registry to trace and place the same on record.
Reply on behalf of respondent No.4, as prayed for,
be filed within three weeks.
List on 6.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 15.11.2021 (pankaj)
CWP No. 3752/2021
15.11.2021 Present: Ms. Babita, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Rejoinder, as prayed for, be filed within two weeks.
List on 29.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 15.11.2021 (pankaj)
CWP No. 4270/2021
15.11.2021 Present: Mr. Bimal Gupta Sr. Advocate with Mr. Gurinder
.
Singh Parmar, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
List on 17.11.2021. Registry to reflect name of Mr.
Tara Singh Chauhan, Advocate, in the cause list henceforth.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
15.11.2021
(pankaj)
CWP No. 4273/2021
15.11.2021 Present: Mr. Vikas Rajput, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Learned Senior Additional Advocate General prays
for and is granted two days' time to comply with the order,
failing which respondent No.2 shall personally remain present
before this Court on the next date of hearing.
List on 17.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 15.11.2021
(pankaj)
CWP No. 4304/2021
15.11.2021 Present: Mr. Nitin Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the
respondents-State.
Admit. Rejoinder within six weeks.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 15.11.2021 (pankaj)
CWP No. 4306/2021
15.11.2021 Present: Mr. Ajay Shandil, Advocate, vice Mr. Abhishek
.
Negi, Advocate, for the petitioner.
Mr. Yogesh K. Chandel, Advocate, for respondents No. 1 and 2.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 3 and 4.
Mr. Yogesh K. Chandel, Advocate, has put in
appearance on behalf of respondents No. 1 and 2. He prays for
and is granted two weeks' time to file reply and power of
attorney.
List on 6.12.2021. Registry to reflect name of Mr.
Yogesh K. Chandel, Advocate, in the cause list, henceforth.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 15.11.2021
(pankaj)
CWP No. 4508/2021 a/w CWP Nos. 4518, 4958, 4964 and 5026/2021
15.11.2021 Present: Mr. Dushyant Dadwal, Advocate, for the
.
petitioner(s) in all the writ petitions, except CWP
No. 4518/2021.
Mr. Nitin Thakur, Advocate, for the petitioner in CWP No. 4518/2021.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the
respondents-State.
Mr. Dinesh K. Thakur, Advocate, for the respondent-Medical college. Mr. Neel Kamal Sharma, Advocate, for the respondent-University.
Since counselling in these cases has been fixed on
19.11.2021, therefore, list for consideration on 17.11.2021.
Additional documents/pleadings in the meanwhile.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 15.11.2021
(pankaj)
CWP No. 4893/2021
15.11.2021 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr.
.
Manik Sethi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Mr. Ashwani Sharma, Addl. A.Gs., and
Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Naresh Kaul, Advocate, for respondent No.2. Mr. R. L. Sood, Sr. Advocate with Ms. Sanjeevani Sood, Advocate, for respondent No.3.
r to Reply on behalf of respondent No.3 stands filed in
the open Court, which is made part of the court file.
Rejoinder, as prayed for, be filed within one week.
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
15.11.2021 (pankaj)
CWP No. 5051/2021
15.11.2021 Present: Mr. Rajesh Kumar, Advocate, for the petitioner.
.
Mr. Surinder Verma, Advocate, for the respondents.
Rejoinder not filed. The same be positively filed
within four weeks.
List on 13.12.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
15.11.2021
(pankaj)
CMP No. 10593/2021 in CWP No. 1962/2015
11.11.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Dinesh K. Thakur, Advocate, for the applicants/respondents.
Fresh status report, in terms of previous order,
stands filed in the open Court.
List on 18.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 11.11.2021 (pankaj)
CWP No. 4981/2020
11.11.2021 Present: Mr. C.N. Singh, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Learned Deputy Advocate General prays for and is
granted two weeks' time to file reply.
List on 2.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
Ex. Pet. No. 113/2019
11.11.2021 Present: Mr. Vir Bahadur Verma, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. J. S. Bagga, Advocate, for respondents No. 3 and 4.
Since an amount of Rs. 15,36,039/- stands
4, therefore, r to deposited in the registry of this Court by respondents No. 3
and order dated 29.9.2021
attachment of the properties of respondents No. 3 and 4, is directing the
ordered to be recalled.
Let the aforesaid amount be released in favour of
the petitioner(s) as per their shares calculated and given by
respondent No.3 along with draft, attached in B-part of the file,
by remitting the same to their respective bank accounts to be
furnished by the petitioners within one week from today.
List on 9.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
CWP No. 5230/2021
11.11.2021 Present: Mr. Rajesh Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.1
to 3.
Learned counsel for the petitioner prays for and is
granted three weeks' time to file supplementary affidavit.
r to
List on 9.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
11.11.2021
(pankaj)
CWP No. 5504/2021
11.11.2021 Present: Mr. Sat Prakash, Advocate, for the petitioner.
.
Mr. Balram Sharma, ASGI, for respondent No.1. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents No. 2 to 4.
Learned Additional Advocate General states that
complete set of documents, handed over by the petitioner, has
been sent to respondent No.1.
Confronted with this, learned Assistant Solicitor
General of India prays for and is granted four weeks' time to
file reply. However, it is made clear that no further opportunity
shall be granted for filing the reply.
List on 15.12.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 11.11.2021 (pankaj)
CWP No. 5728/2021
11.11.2021 Present: Mr. M.A. Khan, Sr. Advocate with Mr. Naresh K.
.
Sharma, Advocate, for the petitioner.
Mr. Vikas Rajput, Advocate, for the respondents.
CMP No. 11162/2021
For the reasons stated in the application, delay in
removing the objections is ordered to be condoned. The
application stands disposed of.
CWP No. 5728/2021
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
11.11.2021 (pankaj)
CWP No. 5729/2021
11.11.2021 Present: Mr. Naveen K. Bhardwaj, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
CMP No. 11165/2021
For the reasons stated in the application, delay in
removing the objections is ordered to be condoned. The
application stands disposed of.
CWP No. 5729/2021
Leaving all questions of law open, admit.
CMP No. 11164/2021
The application is disposed of with a direction to
the petitioner/applicant to file typed/legible copies of
Annexures in question within a period of four weeks from
today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
CWP No. 5736/2021
11.11.2021 Present: Mr. Naresh Verma, Advocate, for the petitioner.
.
CMP No. 11181/2021
For the reasons stated in the application, delay in
re-filing the main petition is ordered to be condoned. The
application stands disposed of.
CWP No. 5736/2021
The petitioner has assailed the award that was
passed three years back on 10.10.2018. There is no
explanation as to why the award was not challenged well before
the time. Let supplementary affidavit, clearly explaining
therein the delay, be filed within four weeks. List on
15.12.2021.
CMP No. 11180/2021
The application is disposed of with a direction to
the petitioner/applicant to file typed/legible copies of
documents in question within a period of four weeks from
today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
CWP No. 5737/2021
11.11.2021 Present: Mr. Sumeet Raj Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
and 2.
CMP No. 11179/2021
For the reasons stated in the application, delay in
removing the objections is ordered to be condoned.
application stands disposed of.
CWP No. 5737/2021 The
Leaving all questions of law open, notice. Mr.
Bhupinder Thakur, learned Deputy Advocate General, appears
and waives service of notice on behalf of respondents No. 1 and
2. Issue notice to respondents No. 3 to 5, returnable for
15.12.2021, on taking steps within three days.
CMP No. 11173/2021
The application is disposed of with a direction to
the petitioner/applicant to file typed/legible copies of
Annexures in question within a period of four weeks from
today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
CWP No. 5744/2021
11.11.2021 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
11.11.2021
(pankaj)
CWP No. 5745/2021
11.11.2021 Present: Mr. Nimish Gupta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
and 2.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 11.11.2021 (pankaj)
CWP No. 5746/2021
11.11.2021 Present: Mr. Rajesh Verma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
CWP No. 5746/2021
Leaving all questions of law open, admit.
CMP No. 11187/2021
The application is disposed of with a direction to
the petitioner/applicant to file typed/legible copies of
Annexures P-1, P-2 and P-3 within a period of four weeks from
today.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
11.11.2021 (pankaj)
CWP No. 5747/2021
11.11.2021 Present: Mr. Virbahadur Verma, Advocate, for the
.
petitioners.
Mr. Vikrant Thakur, Advocate, for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
11.11.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 5756/2021
11.11.2021 Present: Mr. Devender K. Sharma, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
11.11.2021
(pankaj)
CWP No. 5983/2021
11.11.2021 Present: Mr. Ramesh Kaundal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Leaving all questions of law open, issue notice.
Mr. Bhupinder Thakur, learned Deputy Advocate General,
appears and waives service of notice on behalf of the
respondents. List along with CWP No. 6646/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.11.2021 (pankaj)
CWPOA No. 7661/2019
10.11.2021 Present: Mr. Mohit Thakur, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Respondent No.2 is yet to file reply. The same be
positively filed within two weeks, failing which right to file the
same shall be deemed to be closed.
List on 24.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
10.11.2021
(pankaj)
Cr. A. No. 135/2020
10.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal
Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant. Ms. Kamlesh, Advocate, vice counsel for the respondents.
Learned vice counsel for the respondents prays for
and is granted an adjournment on the ground that the original
counsel is indisposed.
List on 17.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
10.11.2021
(pankaj)
CWP No. 378/2020
10.11.2021 Present: Mr. Vinay Mehta, Advocate, for the petitioners.
.
Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, for respondent No.1. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal
Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 3 and 4.
Ms. Shreya Chauhan, Advocate, states that her
presence is wrongly being marked for respondent No.2 and she
is representing only respondent No.1. Her statement is taken
on record.
Issue notice to respondent No.2, returnable for
8.12.2021, on taking steps during the course of the day.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 10.11.2021
(pankaj)
CWP No. 1053/2020
10.11.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal
Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioners- State.
Mr. A.K. Gupta, Advocate, for the respondent.
Learned counsel for the respondent prays for and
is granted four weeks' time to file counter affidavit.
r to
List on 15.12.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
10.11.2021
(pankaj)
CWP No. 1978/2020
10.11.2021 Present: Mr. S. D. Gill, Advocate, for the petitioner.
.
Mr. Balram Sharma, ASGI, for the respondents.
Learned counsel for the petitioner prays for and is
granted one week's further time to file rejoinder.
List on 17.11.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
10.11.2021
(pankaj)
CWP No. 2159/2020
10.11.2021 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Ms. Devyani Sharma, Advocate, for respondent No.6.
Learned Additional Advocate General has placed
on record copy of minutes of meeting held on 18.10.2021
under the chairmanship of the Deputy Commissioner, Una.
We notice that the time has been granted to the
SDM(s) concerned to fix freight rates on consensual basis
between the Industry Associations and Truck Unions by
5.11.2021. However, further action that was required to be
taken in the matter is not forthcoming.
On the request of learned Additional Advocate
General, list on 24.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 10.11.2021 (pankaj)
CWPOA No. 2620/2020
10.11.2021 Present: Ms. Kanta Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Learned Deputy Advocate General has placed on
record instructions dated 8.11.2021.
Admit. List for hearing before the learned Single
Judge having roster.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
10.11.2021
(pankaj)
CWP No. 3115/2020
10.11.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. K. D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, for respondents No. 3 to 25. Mr. Deepak Sharma, Advocate, vice counsel for respondents No. 26 to 29.
On the request of learned counsel for the
petitioner, list on 17.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
10.11.2021
(pankaj)
CWP No. 3357/2020
10.11.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Ajay
.
Kumar Thakur, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents-State. Mr. Shyam Singh Chauhan, Advocate, for respondents No. 2 to 4.
Arguments heard. Judgment reserved.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 10.11.2021
(pankaj)
CWP No. 3633/2020
10.11.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. N.S. Chandel, Sr. Advocate with Mr. Vinod K. Gupta, Advocate, for respondent No.4.
On the request of learned counsel for respondent
No.4, list on 17.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 10.11.2021 (pankaj)
CWPOA No. 4314/2020
10.11.2021 Present: Mr. C. N. Singh, Advocate, for the petitioner.
.
Mr. Surender Verma, Advocate, for the respondent.
On the request of learned counsel for the
petitioner, list on 17.11.2021.
(Tarlok Singh Chauhan)
Judge
10.11.2021
r to (Satyen Vaidya)
Judge
(pankaj)
CWPOA No. 3980/2019 a/w CWPOA No. 3145/2019, CWP No. 1367, 2420, 3198, 4820, 136, 3938, 4618, 4806, 5459, 5974, 6005,
.
6031, 7450, 7457, 7532, 7537/2020,
1330,1351, 1456, 2276, 2245, 3403, 3599, 3687, 3812, 4238, 4289, 4506, 4642, 4745, 4897, 5063 and 6487/2021
30.10.2021 Present: M/s Subhash Sharma, S.P. Chatterji, A.K. Gupta, H.S. Rangra, Ramakant Sharma, M.L. Sharma, Peeyush Verma, Vishwa Bhushan, P.P. Chauhan, Sanjeev Kumar Suri, Rajneesh K. Lal, Y.P.S. Dhaulta, B.C. Verma, Surinder Parkash Sharma
and Karan Singh Parmar, Advocates, for the respective petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Mr. Balram Sharma, ASGI, for the respondent- UOI.
M/s. Tim Saran, Karun Negi, Yashwant Singh, S.V. Bhardwaj, Vikrant Thakur, Lakshay Thakur and Mr. Naresh K. Gupta, Advocates, for the
respective respondents.
CWPOA No. 3980/2020
De-linked. List on 27.11.2021.
CWP No. 3599/2021
De-linked. Admit. List after four weeks.
CWP No. 6487/2021 & CMP No.12305/2021
De-linked. List on 27.11.2021. In the meanwhile,
the official respondents are restrained from effecting any
recovery/deduction from the salary of the petitioner.
CWPOA No. 3145/2019, CWP No. 1367, 2420, 3198, 4820, 136, 3938, 4618, 4806, 5459, 5974, 6005, 6031, 7450, 7457, 7532, 7537/2020, 1330, 1351, 1456, 2276, 2245, 3403, 3687, 3812, 4238, 4289, 4506, 4642, 4745, 4897 & 5063/2021
On the joint request of learned counsel for the
.
parties, list on 27.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj) r
CWPOA No. 3486/2020
30.10.2021 Present: Mr. Malay Kaushal, Advocate vice Mr. Naresh K.
.
Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
List along with Rogi Kalyan Samiiti's cases on the
date already fixed.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWPOA No. 5380/2020
30.10.2021 Present: Mr. N. D. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Admit.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
30.10.2021
(pankaj)
CWPOA No. 1001/2020
30.10.2021 Present: Ms. Vandana Misra, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Mr. Shivam, Advocate, vice Mr. A.K. Vashishta, Advocate, for respondent No.4.
Admit.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
30.10.2021
(pankaj)
CWPOA No. 3729/2020
30.10.2021 Present: Mr. Lovneesh Kanwar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Admit.
(Tarlok Singh Chauhan)
Judge
30.10.2021
r to (Jyotsna Rewal Dua)
Judge
(pankaj)
Cr.A. No. 324/2020
30.10.2021 Present: Ms. Salochana Rana, Advocate, for the appellant.
.
Mr. Janak Raj, Advocate, vice Mr. Sandeep Sharma, Advocate, for the respondent.
Cr.MP No. 2122/2021
Notice. Mr. Janak Raj, Advocate, appears and
waives service of notice on behalf of the respondents. He prays
for and is granted two weeks' time to file reply.
List for consideration on 12.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 2483/2019
30.10.2021 Present: Ms. Dimple, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Admit. Rejoinder, if any, within four weeks.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj)
CWP No. 2488/2019
30.10.2021 Present: Mr. Mohit Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Leaving all questions of law open, admit.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
30.10.2021
(pankaj)
CWP No. 1592/2020
30.10.2021 Present: Mr. Shivam, Advocate, vice Mr. A.K. Vashishta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj)
CWP No. 1654/2020 a/w CWP No. 1668/2020
30.10.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Devi
.
Singh, Advocate, for the petitioners in CWP No.
1654/2020 and Ms. Kamlesh, Advocate, vice counsel for the petitioner in CWP No. 1668/2020. Mr. Balram Sharma, ASGI, for respondent-Medical Council of India.
Mr. Ajay Vaidya, Sr. Addl. A.G., for the respondents-State.
Mr. Balram Sharma, learned Assistant Solicitor
General of India, on instructions, states that he will not be
appearing on behalf of respondent-Medical Council of India.
His statement is taken on record.
Since one of the issues is sub judice before the
Hon'ble Supreme Court, therefore, list these matters after six
weeks.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 2279/2020
30.10.2021 Present: Mr. Rajender Sharma, Advocate, for the
.
petitioners.
Mr. Shashi Shirshoo, CGC, for the respondents.
Reply is stated to have been filed in the registry
today. Registry to trace and place the same on record, even if it
is under objections.
List along with CWP Nos. 2496/2019 &
2563/2019. r (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
30.10.2021 (pankaj)
CWP No. 2495/2020
30.10.2021 Present: Mr. Sat Prakash, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned Senior Additional Advocate General prays
for and is granted two weeks' time to obtain instructions.
List on 27.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 2825/2020
30.10.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Amit
.
Jamwal, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Mr. Nitin Thakur, Advocate, for respondents No. 4 and 5.
The matter is part-heard before another bench as
is evident from order dated 6.9.2021. Therefore, list the case
before the same bench on 12.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021
(pankaj)
CWP No.2909/2020
30.10.2021 Present: Ms. Babita, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
On the request of learned vice counsel for the
petitioner, list on 12.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj)
CWP No. 3373/2020
30.10.2021 Present: Mr. Saurabh, Advocate, vice Mr. Subhash Sharma,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
CMP No. 2/2021
The application, as prayed for, is allowed and the
Director, Elementary Education, Shimla, is ordered to be
arrayed as party. Application stands disposed of.
CWP No. 3373/2020
Amended memo of parties is ordered to be taken
on record. Issue notice to newly added respondent No.4. Mr.
Ashwani Sharma, learned Additional Advocate General,
appears and waives service of notice on behalf of respondent
No.4. He prays for and is granted two weeks' time to file reply.
List on 12.11.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 3377/2020
30.10.2021 Present: None for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
List before a bench of which one of us (Justice
Jyotsna Rewal Dua) is not a member.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 3472/2020
30.10.2021 Present: Mr. Aman Parth Sharma, Advocate, for the
.
petitioner.
Mr. Malay Kaushal, Advocate, for respondent No.1.
Rejoinder, as prayed for, be filed within three
weeks. List on 26.11.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
30.10.2021
(pankaj)
CWP No. 3874/2020
30.10.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rajesh Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
List on 12.11.2021, when registry shall reflect the
name of Mr. K.B. Khajuria, Advocate, in the cause list on
r to behalf of respondent No.3. Interim order to continue.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj)
CWP No. 3875/2020
30.10.2021 Present: Mr. Devi Singh, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Admit. Rejoinder be filed within four weeks.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
30.10.2021
(pankaj)
CWP No. 3880/2020
30.10.2021 Present: Mr. Virender Bali, Advocate, for the petitioner.
.
Ms. Komal Chaudhary, Advocate, vice Ms. Ritta Goswami, Advocate, for respondent No.1. Mr. Aman Parth Sharma, Advocate, vice Mr. V.B. Verma, Advocate, for respondent No.2.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned counsel for the petitioner states that the
issue in question is squarely covered by Three-Judge Bench of
the Hon'ble Supreme Court in Jigya Yadav vs. CBSE, 2021
(7) SCC 535.
Since the original counsel for respondent No.1 is
not available today, therefore, the case is ordered to be listed
on 12.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
30.10.2021 (pankaj)
CWP No. 4073/2021
30.10.2021 Present: Mr. Anup Rattan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned counsel for the petitioner prays for and is
granted three weeks' time to file rejoinder(s).
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 4078/2020
30.10.2021 Present: Mr. Neeraj Gupta, Sr. Advocate with Mr. Ajeet Pal
.
Jaswal, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
CMP No. 13318/2020
The application, as prayed for, is allowed and
name of respondent No.6, Harish Gupta, is ordered to be
deleted from the array of respondents, subject to all just
exceptions. Application stands disposed of.
CWP No. 4078/2020
Amended memo of parties and rejoinder, if any, be
filed within four weeks.
List on 4.12.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 30.10.2021 (pankaj)
CWP No. 4278/2020
30.10.2021 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner.
.
Ms. Reeta Thakur, Advocate, for respondents No.1, 3 and 4.
Admit.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 30.10.2021 (pankaj)
CWP No. 4311/2021
29.10.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
List along with CWP No. 4165/2021 on the date
already fixed.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
29.10.2021
(pankaj)
CWP No.4165/2021 a/w CWP Nos. 4166 to 4179, 4219, 4305/2021
.
29.10.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner(s).
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
On the joint request of learned counsel for the
parties, list on 26.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 29.10.2021 (pankaj)
CWP No. 2697/2021
29.10.2021 Present: Mr. Ram Murti Bisht, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Stand of the respondents-State, as reflected in
para 8 of the reply, cannot be countenanced.
Faced with this, learned Senior Additional
Advocate General prays for and is granted two weeks' time to
obtain instructions. List on 3.12.2021. Interim order to
continue.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
29.10.2021 (pankaj)
CWP No. 2048/2021
29.10.2021 Present: Mr. Praneet Gupta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Mr. V. B. Verma, CGC, for respondent No.5. Mr. Surinder Paul Jagota, SE PWD in person.
CMP No. /2021
Learned Senior Additional Advocate General states
that he has filed an application for extension of time. However,
the same is not on record. A copy of the application has been
made available to the Court.
Be registered. After going through the application,
we are inclined to grant four weeks' further time to the
respondents-State to comply with the previous order. Ordered
accordingly.
Personal presence of the Superintending Engineer,
PWD, is dispensed with; provided the order in question is
complied with or else, he is still required to be present in the
Court. Application stands disposed of.
CWP No. 2048/2021
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021 (pankaj)
CWP No. 4030/2021
29.10.2021 Present: Mr. Jeevesh Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned counsel for the petitioner states that he
has filed an application for impleadment of parties. However,
the same is not on record. Registry to trace and place the same
on record, even if it is under objections.
List on 30.10.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021 (pankaj)
CWP No. 4327/2021
29.10.2021 Present: Mr. Arush Matlotia, Advocate, vice Mr. Susheel
.
Gautam, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
Learned vice counsel for the petitioner prays for
and is granted an adjournment on the ground that the original
counsel is out of station.
r to
List on 26.11.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
29.10.2021
(pankaj)
CWP No. 4623/2021
29.10.2021 Present: Mr. Naresh K. Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Reply on behalf of respondents No. 1 to 3 is stated
to have been filed. Registry to trace and place the same on
record, even if it is under objections. Notice issued to
respondent No.4 has been received back unserved with the
report that he is residing in Karnataka. Therefore, let fresh
steps for the service of aforesaid respondent be taken within
two weeks. In the event of steps being taken, issue notice to
respondent No.4 returnable for 10.12.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 29.10.2021 (pankaj)
CWP No. 4991/2021
29.10.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rajesh Kumar, Advocate, for the petitioner.
Mr. Sanjeev K. Motta, Advocate, for respondent No.1.
Mr. Dinesh Bhanot, Advocate, for respondent No.2.
Mr. Ankush Dass Sood, Sr. Advocate with Ms. Shradha Karol, Advocate, for the respondents No. 3 to 10.
Reply on behalf of respondents No. 1 and 2 is
stated to have been filed. Registry to trace and place the same
on record, even if it is under objections.
Ms. Shradha Karol, Advocate, states that reply on
behalf of respondents No. 3 to 10 is being filed during the
course of the day. Her statement is taken on record.
Rejoinder(s) to all the replies be filed within three
weeks.
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021 (pankaj)
CWP No. 5037/2021
29.10.2021 Present: Mr. Vinay Sharma, Advocate, for the petitioners.
.
Mr. Balram Sharma, CGC, for respondent No.1. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents-
State.
Reply, as prayed for, be positively filed within two
weeks, failing which not only right to file the same shall be
deemed to be closed, but the Court shall also proceed to
consider the case on its own merits.
List on 12.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021
(pankaj)
CWP No. 5095/2021
29.10.2021 Present: Mr. Vivek Singh Attri, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned counsel for the petitioner prays for and is
granted four weeks' time to file rejoinder.
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021 (pankaj)
CWP No. 5192/2021
29.10.2021 Present: Mr. Mohan Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Reply on behalf of respondents No. 1 and 2 is
stated to have been filed on 27.10.2021. Registry to trace and
place the same on record. Rejoinder, as prayed for, be filed
within four weeks.
List on 26.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 29.10.2021 (pankaj)
CWP No. 5195/2021
29.10.2021 Present: Mr. Varun Panwar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
Learned Senior Additional Advocate General prays
for and is granted two weeks' further time to file reply.
List on 12.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
29.10.2021
(pankaj)
CWP No. 3094/2021
28.10.2021 Present: Mr. Gagan Kumar & Mr. Dalip K. Sharma,
.
Advocate, for the petitioner.
Mr. Vinay Kuthiala, Sr. Advocate with Mr. Diwan Singh Negi, Advocate, for the respondents.
Learned counsel for the respondents prays for and
is granted two weeks' time to ascertain status of the appeal, if
any, as reflected in Annexure A-5 at page 142 of the paper-
book.
List on 16.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 28.10.2021 (pankaj)
CWP No.3120/2021
28.10.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rakesh Chauhan, Advocate, for the petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondents- State.
List before regular DB on 11.11.2021.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
28.10.2021
(pankaj)
CWP No. 4209/2021
28.10.2021 Present: Mr. Anirudh Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Tara Chand Chauhan, Advocate, for
respondent No.2.
Admit. List after four weeks.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 28.10.2021 (pankaj)
CWP No. 4412/2021
28.10.2021 Present: Mr. Tara Singh Chauhan, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Balram Sharma, Advocate, for respondent No.9.
Mr. Rishi Tandon, Advocate, for respondent No.12.
On the request of learned counsel for the
r to petitioner, list on 11.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 28.10.2021
(pankaj)
CWP No. 4508/2021 a/w CWP Nos. 4518, 4958, 4964 and 5026/2021
.
28.10.2021 Present: Mr. Dushyant Dadwal, Advocate, for the
petitioner(s) in all the writ petitions, except CWP No. 4518/2021.
Mr. Nitin Thakur, Advocate, for the petitioner in CWP No. 4518/2021.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondent- State.
Mr. Dinesh K. Thakur, Advocate, for the respondent- medical college. Ms. Shailja, Advocate, vice Mr. Neel Kamal
Sharma, Advocate, for the respondent-University.
Learned counsel for the petitioner(s) pray for and
are granted two weeks' time to file rejoinder(s).
List on 15.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
28.10.2021 (pankaj)
CWP No. 4763/2021
28.10.2021 Present: Mr. Umesh Kanwar, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Pankaj Sharma, Advocate, for respondent
No.4.
Despite repeated opportunities, neither
instructions nor reply have been filed on behalf of the
respondents.
Needful be done on or before the next date of
hearing. List on 30.10.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 28.10.2021 (pankaj)
CWP Nos. 4842/2021 & 4300/2021
CWP No. 4842/2021
.
28.10.2021 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioner.
Mr. P. P. Chauhan, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr.
Ashwani Sharma, Addl. A.Gs., for the respondent- State.
CWP No. 4300/2021 Mr. P. P. Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Sunil Mohan Goel, Advocate, for respondent No.4.
Mr. P. P. Chauhan, Advocate, prays for and is
granted two weeks' time to file reply in CWP No. 4842/2021.
Registry is directed to reflect name of Mr. P.P. Chauhan,
Advocate, in the case list, henceforth in CWP No. 4842/2021.
List on 25.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 28.10.2021 (pankaj)
CWP No. 4848/2021
28.10.2021 Present: Mr. V. D. Khidtta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Dheeraj K. Verma, Advocate, for proposed
respondent No.4.
List before regular DB on 11.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 28.10.2021 (pankaj)
CWP No. 4857/2021
28.10.2021 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.
.
Mr. Anuj Gupta, Advocate, for the respondents.
Award amount stands deposited in the registry of
this Court. The same be invested as per procedure.
Admit. List on 23.12.2021.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
28.10.2021
(pankaj)
CWP No. 4866/2021
28.10.2021 Present: Mr. Devinder Sharma, Advocate, vice counsel for
.
the petitioner.
Mr. Virbahadur Verma, Advocate, for the respondents.
Admit. List on 23.12.2021. Pleadings be
completed in the meanwhile.
(Tarlok Singh Chauhan)
Judge
28.10.2021
r to (Jyotsna Rewal Dua)
Judge
(pankaj)
CWP No. 4893/2021
28.10.2021 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr.
.
Manik Sethi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for the respondent- State.
Mr. Naresh Kaul, Advocate, for respondent No.2. Mr. Arjun K. Lal, Advocate, for respondent No.3.
List before regular DB on 11.11.2021. Registry is
directed to reflect name of Mr. Arjun K. Lal, Advocate, in the
cause list henceforth.
r (Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
28.10.2021
(pankaj)
CWP No. 4860/2021
27.10.2021 Present: Mr. Abhimanyu Rathor & Mr. Ajit Sharma,
.
Advocates, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for respondents No. 1 to 4.
Mr. K.D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, for respondent No.5. Mr. P.P. Chauhan, Advocate, for respondent No.6. Mr. Raman Sethi, Advocate, for respondent No.7.
Learned counsel for respondent No.5 has
placed on record communication dated 22.10.2021,
which reads as under:-
Kindly refer to the Deputy Commissioner, Mandi, letter No. MND-SD-DRA-/2021-31003-05 dated 21.10.2021 on the subject cited above.
2. In this regard, the work of constructing four lane road is being executed by the NHAI through different agencies and the work of constructing a road has been
awarded to concessionaire i.e. M/s SP Pandoh Takoli
Highways Pvt. Ltd. on Hybrid Annuity Mode (HAM) and presently construction work is under progress.
3. It is intimated that various complaints regarding
landslides are being received from the Distt. Administration as well as locals. Further, a resolution/proposal dated 5.6.2021 has been received from the o/o Gram Panchayat Aut, Block Development- Balichowki, Distt. Mandi (HP) for shifting of road towards valley side. The proposal was scrutinized by the independent engineer of the project & further this office has taken up the matter with the competent authority for the acquisition of additional land towards valley side so that further damages to the adjoining land owners of village Thalout towards hill side can be minimized.
4. Thereafter, NHAI, HQ vide letter No. NHAI/HAM/NHDP-IV/11019/PB-Tk/Pkg- II/2015/dated 8.10.2021 has directed the following:-
"in principle agreed to. However, express consent of
.
DM/DC should be obtained before proceeding further."
5. In view of above, it is requested to kindly give the concurrence for the same so that additional land towards valley side may be acquired to avoid further
damages in village Thalout and work can be completed in time bound manner.
2 Taking into consideration the urgency involved
in the matter, we direct the respondent No.2-Deputy
Commissioner, Mandi, to give concurrence, as sought
for in the aforesaid communication, as expeditiously as
possible and in no event later than 2.11.2021, when
copy of such concurrence be placed on record.
List on 2.11.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 27.10.2021 (pankaj)
CWP No. 6664/2021
27.10.2021 Present: Ms. Seema Azad, Advocate, for the petitioner.
.
Learned counsel for the petitioner prays for and is
granted two days' time to amend memo of parties.
List on 10.11.2021.
(Tarlok Singh Chauhan)
Judge
27.10.2021
(pankaj)
r to (Jyotsna Rewal Dua)
Judge
CWP No. 6666/2021
27.10.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for respondent No.1.
Mr. Anuj Gupta, Advocate, for respondent No.3.
Caveat petition No. 273/2021
Caveat is discharged. Petition stands disposed of.
CWP No. 6666/2021 & CMP No. 12588/2021
Notice is confined to respondents No. 1 and 3. Mr.
Ashwani Sharma, learned Additional Advocate General and Mr.
Anuj Gupta, Advocate, appear and waive service of notice on
behalf of the respective respondents.
List along with CWP No. 6460/2021 on the date
already fixed.
CMP No. 12589/2021
The application is disposed of with a direction to
the applicant/petitioner to file English Translation of
documents in question within a period of four weeks.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 27.10.2021 (pankaj)
CWP No. 6665/2021
27.10.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., for respondent No.1.
Mr. Anuj Gupta, Advocate, for respondent No.3.
Caveat petition No. 276/2021
Caveat is discharged. Petition stands disposed of.
CWP No. 6665/2021 & CMP No. 12586/2021
Notice is confined to respondents No. 1 and 3. Mr.
Ashwani Sharma, learned Additional Advocate General and Mr.
Anuj Gupta, Advocate, appear and waive service of notice on
behalf of the respective respondents.
List along with CWP No. 6460/2021 on the date
already fixed.
CMP No. 12587/2021
The application is disposed of with a direction to
the applicant/petitioner to file English Translation of
documents in question within a period of four weeks.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 27.10.2021 (pankaj)
CWP No. 6677/2021
27.10.2021 Present: Mr. Rajiv Jiwan, Sr. Advocate with Mr. Jyotirmay
.
Bhatt, Advocate, for the petitioner.
Mr. Balram Sharma, ASGI, for respondents No.1 and 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr.
Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents No. 2 and 3.
CWP No. 6677/2021 & CMP No. 12598/2021
Notice. Mr. Balram Sharma, learned Assistant
Solicitor General of India and Mr. Ashwani Sharma, learned
Additional Advocate General appear and waive service of notice
on behalf of the respective respondents. They pray for and are
granted four weeks' time to file reply.
List on 24.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 27.10.2021 (pankaj)
CWP No. 6678/2021
27.10.2021 Present: Mr. Jagan Nath, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents-State.
CWP No. 6678/2021 & CMP No. 12599/2021
Notice. Mr. Ashwani Sharma, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. Reply/instructions within two days.
List on 29.10.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 27.10.2021 (pankaj)
CWP No. 6681/2021
27.10.2021 Present: Mr. Prashant Chaudhary, Advocate, for the
.
petitioner.
After arguing for some time, learned counsel for
the petitioner prays for and is granted an adjournment.
List on 29.10.2021.
(Tarlok Singh Chauhan)
Judge
27.10.2021
r to (Jyotsna Rewal Dua)
Judge
(pankaj)
CWP No. 6698/2021
27.10.2021 Present: Mr. Vinod Chauhan, Advocate, vice counsel for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondent-State.
CWP No. 6698/2021 & CMP No. 12616/2021
Notice. Mr. Ashwani Sharma, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
The only ground, on which the present petition has
been filed, is of discrimination. It is contended that one Jagbir
Singh Chandel, Lecturer (School new) Hindi has been granted
study leave as is evident from Annexure P-5 and in the case of
the petitioner, the same has been rejected vide order dated
5.7.2021.
Confronted with this, learned Additional Advocate
General prays for and is granted two days' time to obtain
instructions.
List on 29.10.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 27.10.2021 (pankaj)
CWP No. 5383/2021
27.10.2021 Present: Mr. Suneet Goel, Advocate, for the petitioner.
.
Mr. Naveen K. Bhardwaj, Advocate, for respondents No. 1 and 2.
Mr. Sanjeev Sharma, Advocate, for respondent No.3.
List on 28.10.2021.
(Tarlok Singh Chauhan)
Judge
27.10.2021
r to (Jyotsna Rewal Dua)
Judge
(pankaj)
CWP No. 3941/2021 a/w CWP
Nos. 3942 to 3955, 4835 and 4836/2021
.
26.10.2021 Present: Mr. S. P. Chatterji, Advocate, for the petitioner(s), in all the petitions, except CWP Nos. 4835/2021 & 4836/2021.
Mr. Lalit K. Sehgal, Advocate, for the
petitioner(s) in CWP Nos. 4835/2021 & 4836/2021 Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents-State.
Mr. Amitabh Awasthy, Secretary (Health) in
person.
Mr. Amitabh Awasthy, Secretary (Health), has
explained the circumstances, under which the order(s) passed
by this Court could not be complied with. He further states
that the order(s) in question shall positively be complied with
within a period of four weeks. His statement is taken on record.
List on 30.11.2021. Personal presence of the
aforesaid officer is dispensed with.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 26.10.2021 (pankaj)
FAO (FC) No. 22/2020
26.10.2021 Present: Mr. Mohar Singh, Advocate, vice counsel for the
.
appellant.
Mr. Ajay Sharma, Sr. Advocate with Mr. Amit Jamwal, Advocate, for the respondent.
Both the parties are not present. Their presence
be ensured on the next date of hearing.
List on 16.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 26.10.2021 (pankaj)
Cr. Appeal No.617/2015
26.10.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr.
Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the appellant-State.
Mr. R. K. Gautam, Sr. Advocate with Ms. Megha Kapur Gautam, Advocate, for respondents No.
1 to 6.
Respondent No.5 is present in person and
identified as such by his counsel. Let respondent No.5 furnish
bail bonds, in terms of order dated 19.12.2015, to the
satisfaction of any of the Registrars of this Court, during the
course of the day.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 26.10.2021
(pankaj)
CWP No. 6498/2021
26.10.2021 Present: Mr. Shrawan Dogra, Sr. Advocate with Mr. Arun
.
Verma, Mr. Tejasvi Dogra and Mr. Harsh Kalta,
Advocates, for the petitioner.
CWP No. 6498/2021 & CMP No. 12319/2021
Issue notice to the respondents returnable for
30.11.2021, on taking steps within two days. In the
meanwhile, operation and execution of the impugned order
dated 6.4.2021 (Annexure P-18) is ordered to be stayed.
CMP No. 12320/2021
The application is disposed of with a direction to
the petitioner/applicant to file English translation of
document(s) in question within a period of four weeks.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua) Judge
26.10.2021 (pankaj)
CWP No. 1825/2019
26.10.2021 Present: Mr. Nitin Thakur, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents-State.
Mr. Ajay Sharma, Sr. Advocate with Mr. Ajay Thakur, Advocate, for respondent No.3.
Learned Senior Additional Advocate General states
that requisition for release of the grant-in-aid has been
received from the respondent-Corporation and the same, after
consideration, shall be released to the petitioner, within three
weeks. His statement is taken on record.
List on 16.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
26.10.2021 (pankaj)
Ex. Pet. No. 7/2020
26.10.2021 Present: Mr. B. N. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents-State.
Mr. Vir Bahadur Verma, CGC, for respondent- Accountant General.
Learned Central Government Counsel states that
claim of the petitioner is under consideration. He prays for
and is granted two weeks' further time to do the needful.
List on 9.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 26.10.2021 (pankaj)
Ex. Pet. No. 9/2020
26.10.2021 Present: Mr. B. N. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents-State.
Mr. Vir Bahadur Verma, CGC, for respondent- Accountant General.
Learned Central Government Counsel states that
claim of the petitioner is under consideration. He prays for
and is granted two weeks' further time to do the needful.
List on 9.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 26.10.2021 (pankaj)
Ex. Pet. No. 8/2020
26.10.2021 Present: Mr. B. N. Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans and Mr. Ashwani Sharma, Addl. A.Gs., Dy.A.G. for the respondents-State.
Mr. Vir Bahadur Verma, CGC, for respondent- Accountant General.
Learned Central Government Counsel states that
claim of the petitioner is under consideration. He prays for
and is granted two weeks' further time to do the needful.
List on 9.11.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 26.10.2021 (pankaj)
CWP No. 5981/2021
25.10.2021 Present: Mr. Sumeet Raj Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G. and Mr. Shiv Pal Manhans, Addl. A.G. for the respondents-State. Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur,
Advocate, for respondent No.4.
Heard in part. For continuity, list on 26.10.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 25.10.2021 (pankaj)
CWP No. 6027/2021
25.10.2021 Present: Mr. S. D. Gill, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for respondent No.1.-State.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.2.
Issue notice to respondent No.3 returnable for
22.11.2021, on taking steps within two days.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.10.2021 (pankaj)
CWP No. 6028/2021
25.10.2021 Present: Mr. S. D. Gill, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for respondent No.1.-State.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.2.
Issue notice to respondent No.3 returnable for
22.11.2021, on taking steps within two days.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.10.2021 (pankaj)
CWP No. 6029/2021
25.10.2021 Present: Mr. S. D. Gill, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for respondent No.1.-State.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.2.
Issue notice to respondent No.3 returnable for
22.11.2021, on taking steps within two days.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.10.2021 (pankaj)
CWP No. 6037/2021
25.10.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Atharv
.
Sharma, Advocate, for the petitioner.
Mr. P. P. Chauhan, Advocate, for the respondents.
Learned counsel for the respondents prays for and
is granted two weeks' time to file reply.
List on 8.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 25.10.2021 (pankaj)
CWP No. 6281/2021
25.10.2021 Present: Mr. Dushyant Dadwal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G. and Mr. Shiv Pal Manhans, Addl. A.G. for the respondents-State.
Heard in part. For continuity, list on 25.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
25.10.2021
(pankaj)
CWP No. 6384/2021
25.10.2021 Present: Mr. Aman Parth Sharma, Adocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G. and Mr. Shiv Pal Manhans, Addl. A.G. for the respondents-State. Mr. Vir Bahadur Verma, CGC, for respondent
No.3.
Heard in part. For continuity, list on 27.10.2021,
when a responsible officer of the respondents-State shall
r to remain present to assist the Court.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 25.10.2021
(pankaj)
CWP No. 2348/2019
22.10.2021 Present: Mr. Naresh K. Tomar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Sushant Vir Singh Thakur, Advocate, for respondent No.3.
Since respondent No.3 has passed the
consideration order, therefore, the order in question stands
complied with and the proceedings are closed.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021 (pankaj)
CWP No. 6396/2021
22.10.2021 Present: Mr. Ashok K. Tyagi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned Deputy Advocate General prays for and is
granted two weeks' time to file reply.
List on 12.11.2021. Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021 (pankaj)
CWP No. 6395/2021
22.10.2021 Present: Mr. Ashok K. Tyagi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned Deputy Advocate General prays for and is
granted two weeks' time to file reply.
List on 12.11.2021. Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021 (pankaj)
CWP No. 6394/2021
22.10.2021 Present: Mr. Ashok K. Tyagi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Learned Deputy Advocate General prays for and is
granted two weeks' time to file reply.
List on 12.11.2021. Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021 (pankaj)
CWP No. 6491/2021
22.10.2021 Present: Ms. Suman Thakur & Mr. Anuj Thakur, Advocates,
.
for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents-State.
Status report by way of an affidavit filed in the
open court on behalf of the respondent is ordered to be taken
on record. Learned counsel for the petitioner prays for and is
granted one week's time to file counter affidavit.
List on 29.10.2021.
r (Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
22.10.2021
(pankaj)
CWP No. 1772/2020
22.10.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioners. Mr. Rajinder Sharma, Advocate, for the respondent.
As prayed for, list on 3.12.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
22.10.2021
(pankaj)
Ex. Pet. No. 141/2019
22.10.2021 Present: Mr. Ramakant Sharma, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Mr. Rajinder Dogra, learned Sr. Additional
Advocate General states that the bill(s) in question would be
prepared and sent to the Treasury during the course of the
day. His statement is taken on record.
For compliance, to come up on 25.10.2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge
22.10.2021 (pankaj)
CWP No. 6575/2021
22.10.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Anuj Gupta, Advocate, for respondent No.3.
Caveat petition No. 274/2021
Caveat is discharged. Petition stands disposed of.
CWP No. 6575/2021 & CMP No. 12437/2021
List along with CWP No. 6460/2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021
(pankaj)
CWP No. 6574/2021
22.10.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Anuj Gupta, Advocate, for respondent No.3.
Caveat petition No. 269/2021
Caveat is discharged. Petition stands disposed of.
CWP No. 6574/2021 & CMP No. 12435/2021
List along with CWP No. 6460/2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021
(pankaj)
CWP No. 6565/2021
22.10.2021 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun
.
Negi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Anuj Gupta, Advocate, for respondent No.3.
Caveat petition No. 275/2021
Caveat is discharged. Petition stands disposed of.
CWP No. 6565/2021 & CMP No. 12417/2021
List along with CWP No. 6460/2021.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021
(pankaj)
CWP No. 6542/2021
22.10.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Rahul
.
Mahajan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 6542/2021 & CMP No. 12376/2021
Notice. Mr. Ajay Vaidya, learned Sr. Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
weeks' time to file reply.
r to He prays for and is granted four
List on 25.11.2021. In the meanwhile, operation
and execution of the order dated 4.8.2021 (Annexure P-4) and
re-assessment order dated 25.6.2015 (Annexure P-2) are
ordered to be stayed.
Copy dasti
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 22.10.2021 (pankaj)
CWP No. 6543/2021
22.10.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Rahul
.
Mahajan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 6543/2021 & CMP No. 12377/2021
Notice. Mr. Ajay Vaidya, learned Sr. Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
weeks' time to file reply.
r to He prays for and is granted four
List on 25.11.2021. In the meanwhile, operation
and execution of the order dated 4.8.2021 (Annexure P-4) and
re-assessment order dated 25.6.2015 (Annexure P-2) are
ordered to be stayed.
Copy dasti
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 22.10.2021 (pankaj)
CWP No. 6539/2021
22.10.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Rahul
.
Mahajan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 6539/2021 & CMP No. 12373/2021
Notice. Mr. Ajay Vaidya, learned Sr. Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
weeks' time to file reply.
r to He prays for and is granted four
List on 25.11.2021. In the meanwhile, operation
and execution of the order dated 4.8.2021 (Annexure P-4) and
re-assessment order dated 25.6.2015 (Annexure P-2) are
ordered to be stayed.
Copy dasti
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 22.10.2021 (pankaj)
CWP No. 6540/2021
22.10.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Rahul
.
Mahajan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 6540/2021 & CMP No. 12374/2021
Notice. Mr. Ajay Vaidya, learned Sr. Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
weeks' time to file reply.
r to He prays for and is granted four
List on 25.11.2021. In the meanwhile, operation
and execution of the order dated 4.8.2021 (Annexure P-4) and
re-assessment order dated 25.6.2015 (Annexure P-2) are
ordered to be stayed.
Copy dasti
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge 22.10.2021 (pankaj)
CWP No. 6573/2021
22.10.2021 Present: Mr. Neel Kamal Sharma, Advocate, for the
.
petitioner.
Mr. Ajay Chauhan, Advocate, for the respondents.
CWP No. 6573/2021 & CMP No. 12433/2021
Notice. Mr. Ajay Chauhan, Advocate, appears and
waives service of notice on behalf of the respondents.
Reply/instructions before the next date of hearing. List on
30.10.2021. r In the meanwhile, the impugned office orders
dated 14.9.2021 and 29.9.2021, Annexures P-3 and P-4
respectively, are ordered to be stayed.
CMP No. 12434/2021
The application is disposed of with a direction to
the applicant/petitioner to file complete typed copy of
Annexure P-2 within a period of one week.
Copy dasti
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021 (pankaj)
CWP No. 6561/2021
22.10.2021 Present: Mr. Kulwant Singh Gill, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for respondents-State.
CWP No. 6561/2021
Admit.
CMP No. 12416/2021
The application is dismissed as misconceived.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 22.10.2021
(pankaj)
CWP No. 6488/2021
22.10.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Virbahadur Verma, Advocate, CGC, for the respondents.
After arguing for some time, learned counsel for
the petitioner prays for and is granted an adjournment.
List on 25.10.2021.
(Tarlok Singh Chauhan)
Judge
r (Jyotsna Rewal Dua)
Judge
22.10.2021
(pankaj)
Ex. Pet. No. 128/2021
22.10.2021 Present: Mr. Harish Kumar Verma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for respondents-State.
Learned Deputy Advocate General prays for and is
granted one week's time to comply with order dated 7.10.2021.
r to
List on 29.10.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
22.10.2021
(pankaj)
CWP No. 1073/2021
21.10.2021 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Learned counsel for the petitioner prays for and is
granted two weeks' time to file rejoinder.
List on 11.11.2021.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 21.10.2021 (pankaj)
CWP No. 5654/2020
21.10.2021 Present: Mr. Arsh Rattan, Advocate, for the petitioner.
.
Mr. Surinder Verma, Advocate, for respondents No.
1 to 3.
Mr. Ashwani Kaundal, Advocate, for respondents No. 4 & 5.
On the request of learned counsel for the
petitioner, list on 28.10.2021.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
r Judge
21.10.2021
(pankaj)
CWPOA No. 4003/2020
21.10.2021 Present: Mr. R. L. Chaudhary, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
List on 22.10.2021.
(Tarlok Singh Chauhan)
Judge
21.10.2021
(pankaj)
r to (Jyotsna Rewal Dua)
Judge
CWP No. 2947/2020 & CWP No.3400/2020
21.10.2021 Present: Mr. Virender Thakur, Advocate, for the
.
petitioner(s).
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
CMP Nos. 12293/2021 & 12296/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents. He prays for and is granted three
weeks' time to file reply. List on 18.11.2021.
CMP Nos. 12994/2021 & 12997/2021
The applications are disposed of with a direction to
the applicant(s) to file the translated/typed copies of
Annexures in question within a period of three weeks.
(Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua) Judge 21.10.2021 (pankaj)
CWP No. 3560/2020
21.10.2021 Present: Mr. Jai Ram Sharma, Advocate, vice counsel for
.
the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. Anil God, Advocate, for respondent No.3.
List along with CWP No. 6469/2021 on the date
already fixed.
r to (Tarlok Singh Chauhan) Judge
(Jyotsna Rewal Dua)
Judge 21.10.2021 (pankaj)
CWP No. 5124/2021
19.10.2021 Present: Mr. Kulwant Singh Gill, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. Maan Singh, Advocate, for respondent No.9.
Respondents No.1, 2, 4, 6 and 9 are stated to have
filed replies. Registry to trace and place the same on record. As
weeks.
r to regard remaining respondents, reply, if any, be filed within four
List on 16.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.10.2021
(pankaj)
CWP No. 5158/2021
19.10.2021 Present: Ms. Rajvinder Sandhu, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
The respondents are stated to have filed replies on
7.10.2021 & 18.10.2021 respectively. Registry is directed to
trace and place the same on record even if it is under
objections.
List on 8.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 19.10.2021 (pankaj)
CWP No. 5180/2021
19.10.2021 Present: Mr. P. S. Goverdhan, Advocate, for the petitioner.
.
Mr. Vir Bahadur Verma, CGC, for respondent
No.1.
Ms. Shreya Chauhan, Advocate, for respondent No.2.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State. Mr. Pawan Sharma, Advocate, for respondent No.5.
Learned counsel for the petitioner, on instructions,
states that the entire premises in question have been
demolished, except the wall, abutting the property of Railway
Authorities, which shall also be removed by 20.10.2021. His
statement is taken on record.
Let formal report to this effect be filed by
respondent No.2 on or before the next date of hearing.
List on 26.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.10.2021 (pankaj)
CWP No. 5281/2021
19.10.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State. Mr. Dalip Singh Kaith, Advocate, for respondent
No.4.
Learned counsel for respondent No.4 prays for and
is granted two weeks' time to file reply.
r to
List on 9.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
19.10.2021
(pankaj)
CWP No. 5417/2021
19.10.2021 Present: Mr. G. C. Gupta, Sr. Advocate with Ms. Meera
.
Devi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents.
It is rather shocking that the respondent-State is
not in a position to apprise this Court regarding scale of
measurement despite the Court having taken cognizance of
this petition since 16.9.2021.
As a matter of sheer indulgence and by way of last
opportunity, two weeks' time is granted to the respondent-
State to apprise this Court regarding scale of measurement to
be applied in the instant case, failing which the respondent
shall remain present before this court on the next date of
hearing.
List on 2.11.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 19.10.2021 (pankaj)
CWP No. 5942/2021
19.10.2021 Present: Mr. Abhimanyu Jhamba & Mr. Ashish Jhamba
.
Advocates, for the petitioners.
Mr. Vir Bahadur Verma, CGC, for respondent No.1.
Mr. Vijay Kumar Arora, Advocate, for respondents No. 2 and 3.
Despite opportunity, the respondents have failed to
file the reply. As prayed for, needful be done within two weeks,
failing which erring respondent(s) shall personally appear
before this Court along with relevant records on the next date
of hearing.
List on 2.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
19.10.2021 (pankaj)
CWP No. 6298/2021
19.10.2021 Present: Mr. Karan Singh Parmar, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
CMP No. 12285/2021
The application is allowed as prayed for and name
of respondent No.3, Deputy Director Elementary Education,
Mandi, District Mandi is ordered to be substituted by the
Deputy Director Higher Education, Mandi. The application
stands disposed of.
CWP No. 6298/2021
Issue notice to the newly substituted respondent
No.3. Mr. Vinod Thakur, learned Additional Advocate General,
appears and waives service of notice on behalf of respondent
No.3. Issue dasti notice for the service of respondent No.4,
returnable for 2.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.10.2021 (pankaj)
CWP No. 6384/2021
19.10.2021 Present: Mr. Aman Parth Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Vir Bahadur Verma, CGC, for respondent No.3.
Let the respondents-State produce complete
records pertaining to the recommendations made by the State
Directorate to respondent No.3 on the next date of hearing.
List on 21.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.10.2021 (pankaj)
CWP No. 4855/2020
18.10.2021 Present: Mr. Karan Singh Parmar, Advocate, proxy counsel
.
for the petitioners.
Mr. Shivam Sharma, Advocate, proxy counsel for respondents No. 1, 2 and 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.3.
Mr. Shivam Sharma, Advocate, prays for and is
granted three weeks' time to file reply. Mr. Bhupinder Thakur,
learned Deputy Advocate General, states that he is under
instructions not to file separate reply and would be adopting
the reply of respondents No. 1, 2 and 4. His statement is taken
on record.
List on 8.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.10.2021 (pankaj)
CWP No. 4854/2020
18.10.2021 Present: Mr. Karan Singh Parmar, Advocate, proxy counsel
.
for the petitioners.
Mr. Shivam Sharma, Advocate, proxy counsel for respondents No. 1, 2 and 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.3.
Mr. Shivam Sharma, Advocate, prays for and is
granted three weeks' time to file reply. Mr. Bhupinder Thakur,
learned Deputy Advocate General, states that he is under
instructions not to file separate reply and would be adopting
the reply of respondents No. 1, 2 and 4. His statement is taken
on record.
List on 8.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.10.2021 (pankaj)
CWP No. 4856/2020
18.10.2021 Present: Mr. Karan Singh Parmar, Advocate, proxy counsel
.
for the petitioners.
Mr. Shivam Sharma, Advocate, proxy counsel for respondents No. 1, 2 and 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod
Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.3.
Mr. Shivam Sharma, Advocate, prays for and is
granted three weeks' time to file reply. Mr. Bhupinder Thakur,
learned Deputy Advocate General, states that he is under
instructions not to file separate reply and would be adopting
the reply of respondents No. 1, 2 and 4. His statement is taken
on record.
List on 8.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.10.2021 (pankaj)
CWP No. 4179/2019
18.10.2021 Present: Mr. Karan Singh Parmar, Advocate, proxy counsel
.
for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Steps for the service of respondent No.5 have not
been taken. The same, as prayed for, be taken within two
weeks, failing which name of respondent No.5 shall be struck
off from the array of respondents, subject to all just exceptions.
In the event of steps being taken, issue notice to
respondent No.5 returnable for 22.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
18.10.2021 (pankaj)
CWP No. 6230/2021
30.9.2021 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 1 and 2.
CWP No. 6230/2021 & CMP No. 11778/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of respondents No. 1 and 2. Issue notice to respondent
No.3 under Order 5 Rule 9A CPC, during the course of the
day, returnable for 7.10.2021. In addition thereof, the
petitioner is also permitted to serve respondent No.3 through
whatsapp, e-mail or any other alternative mode.
Since the petitioner has already been relieved,
therefore, in the interim, the official respondents are restrained
from resorting to any coercive steps so as to compel the
petitioner to join at the transferred station. Records of the
transfer be also produced on the date already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 30.9.2021 (pankaj)
CWP No. 6216/2021
30.9.2021 Present: Mr. Dushyant Dadwal, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.G. for respondent No.1. Mr. Inderjet Singh Narwal, Advocate, for respondent No.2.
CWP No. 6216/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. Inderjeet Singh Narwal, Advocate,
appear and waive service of notice on behalf of the respective
respondents. Issue notice to respondents No. 3 to 12,
returnable for 11.11.2021, on taking steps within two days.
Reply by the appearing respondents in the meanwhile.
CMP No. 11761/2021
Heard. Promotion, if any, shall abide by further
orders/final order of this Court. Application stands disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 30.9.2021 (pankaj)
CWP No. 5504/2021
30.9.2021 Present: Mr. Sat Prakash, Advocate, for the petitioner.
.
Mr. Vir Bahadur Verma, Advocate, CGC, for
respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents No. 2 to 4.
Reply on behalf of respondent No.2, which is being
adopted by respondents No. 3 and 4, is stated to have been
filed. Registry to trace and place the same on record. Reply on
behalf of respondent No.1, making therein specific averments
with regard to Annexure R-2 annexed with reply of respondent
No.2, be filed within four weeks. List on 11.11.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 30.9.2021 (pankaj)
CWP No. 6130/2021
30.9.2021 Present: Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur,
.
Advocate, for the petitioners.
Applications of amendment of the writ petition,
impleadment and amended petition have been filed in the
registry on 29.9.2021. The registry to trace and place the same
on record, even if it is under objections.
r to
List on 1.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
30.9.2021
(pankaj)
CWP No. 5945/2021
30.9.2021 Present: Mr. Anil Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Learned Deputy Advocate General prays for and is
granted one week's time to file necessary affidavit. We make it
clear that the affidavit shall be filed by an officer not below the
rank of Superintending Engineer.
List on 7.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 30.9.2021
(pankaj)
CWP No. 6110/2021
29.9.2021 Present: Mr. B. C. Negi, Sr. Advocate with Mr. Aman Sood,
.
Mr. Jaiwant Patankar and Mr. Vijay Jain,
Advocate, for the petitioner.
Learned counsel for the petitioner prays for and is
granted two weeks' time to ascertain as to whether provisions
of Himachal Pradesh Freedom of Religion Act, 2019 have been
assailed before the Hon'ble Supreme Court or not.
List on 20.10.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
29.9.2021
(pankaj)
CWP No. 6039/2021
29.9.2021 Present: Mr. Rakesh K. Dogra, Advocate, for the petitioner.
.
The petitioner to justify maintainability of the
petition. As prayed for, list on 20.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
29.9.2021
(pankaj)
CWP No. 5950/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5926/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5923/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5922/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5921/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5920/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5918/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5906/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Leaving all questions of law open, admit.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
CWP No. 5905/2021
29.9.2021 Present: Mr. Bomet Thakur, Advocate, vice Mr. A.K. Gupta,
.
Advocate, for the petitioner.
The petitioner to justify maintainability of the
petition as admittedly he has retired on 31.3.2017 and seeks to
avail benefit of notification, issued much after his retirement,
on 21.2.2018 (Annexure P-3).
r to
List on 6.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
29.9.2021
(pankaj)
CWP No. 5854/2021
29.9.2021 Present: Mr. Rupinder Singh Thakur, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State.
Admit.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
29.9.2021
(pankaj)
CWP No. 5762/2021
29.9.2021 Present: Mr. Rupinder Singh, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 1 to 3.
CWP No. 5762/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. He prays for and is granted six
weeks' time to file reply. List on 10.11.2021.
CMP No. 11253/2021
The application is allowed with a direction to the
applicants to file typed/translated copies of the Annexures in
question within a period of six weeks. The application stands
disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021 (pankaj)
FAO (FC) No. 46/2021
29.9.2021 Present: Mr. Arush Matlotia, Advocate, for the appellant.
.
FAO (FC) No. 46/2021 & CMP No. 11705/2021
Issue notice to the respondent, returnable for,
10.11.2021, on taking steps within two days. In the
meanwhile, execution and operation of the impugned judgment
r to and decree dated 11.1.2021 is ordered to be stayed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 29.9.2021 (pankaj)
CWP No. 6125/2021
29.9.2021 Present: Mr. T.S. Chauhan, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 1 to 3.
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of respondents No. 1 to 3. Issue notice to respondent
No.4 under Order 5 Rule 9A CPC, returnable for 5.10.2021.
Since the petitioner has already been relieved, therefore, the
official respondents are restrained from resorting to any
coercive steps so as to compel the petitioner to join at the
transferred station. Records of the transfer be also produced
on the date already fixed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 29.9.2021 (pankaj)
Cr.A. No. 426/2019
29.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod
Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. For the appellant. Mr. B. N. Sharma, Advocate, for the respondent.
Cr.MP No. 1860/2021
Respondent/applicant is present in person. She is
permitted to furnish personal bonds in terms of order dated
14.8.2021 to the satisfaction of the Registrar(Judicial) during
the course of the day. Application stands disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 29.9.2021
(pankaj)
CWP No. 6125/2021
28.9.2021 Present: Mr. T.S. Chauhan, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 1 to 3.
CWP No. 6125/2021 & CMP No. 11663/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of respondents No. 1 to 3. Issue notice to respondent
No.4 under Order 5 Rule 9A CPC, returnable for 5.10.2021.
Since the petitioner has already been relieved, therefore, the
official respondents are restrained from resorting to any
coercive steps so as to compel the petitioner to join at the
transferred station. Records of the transfer be also produced
on the date already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj) SH. RAMESH KAUNDAL
CWP No. 6126/2021
28.9.2021 Present: Mr. Shivank S. Panta, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
CWP No. 6126/2021 & CMP No. 11665/2021
Notice. Mr. Ajay Vaidya, learned Senior Additional
Advocate General appears and waives service of notice on
behalf of the respondents. He prays for and is granted one
day's time to obtain instructions.
List on 29.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj)
CWP No. 6127/2021
28.9.2021 Present: Mr. Ashwani Kaundal, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for respondents No. 1 and 2.
CWP No. 6127/2021 & CMP No. 11666/2021
Notice is confined to respondents No. 1 and 2 at
this stage. Mr. Vinod Thakur, learned Additional Advocate
General appears and waives service of notice on behalf of
respondents No. 1 and 2.
List on 5.10.2021. Reply/instructions in the
meanwhile.
CMP No. 11667/2021
The application is disposed of with a direction to
the applicants to file English translation of the annexures in
question within one week.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj)
CWP No. 6128/2021
28.9.2021 Present: Mr. Mohan Sharma, Advocate, for the petitioner.
.
List on 30.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj)
CWP No. 6129/2021
28.9.2021 Present: Mr. Janesh Majahan, Advocate, for the petitioners.
.
Mr. Vir Bahadur Verma, CGC, for respondents No. 1 to 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod
Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondent No.5.
CWP No. 6129/2021 & CMP No. 11670/2021
Government Counsel r to Notice. Mr. Vir Bahadur Verma, learned Central
and Mr. Vinod Thakur,
Additional Advocate General appear and waive service of notice learned
on behalf of the respective respondents. List on 30.9.2021.
Reply/instructions in the meanwhile.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 28.9.2021
(pankaj)
CWP No. 6129/2021
28.9.2021 Present: Mr. Janesh Majahan, Advocate, for the petitioners.
.
Mr. Vir Bahadur Verma, CGC, for respondents No. 1 to 4.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod
Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondent No.5.
CWP No. 6129/2021 & CMP No. 11670/2021
Government Counsel r to Notice. Mr. Vir Bahadur Verma, learned Central
and Mr. Vinod Thakur,
Additional Advocate General appear and waive service of notice learned
on behalf of the respective respondents. List on 30.9.2021.
Reply/instructions in the meanwhile.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 28.9.2021
(pankaj)
CWP No. 6131/2021
28.9.2021 Present: Mr. Jyotirmay Bhatt, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 2 and 3.
Mr. Vir Bahadur Verma, CGC, for respondents No. 1 and 4.
CWP No. 6131/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. Vir Bahadur Verma, learned Central
Government Counsel, appear and waive service of notice on
behalf of the respective respondents. They pray for and are
granted one week's time to obtain instructions/file reply.
List on 5.10.2021.
CMP No. 11673/2021
No case for interim relief is made out at this stage.
The application is dismissed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj)
CWP No.6132/2021
28.9.2021 Present: Mr. Peeyush Verma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for respondents No. 1 and 2.
CWP No. 6132/2021 & CMP No. 11674/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of respondents No.1 and 2. Issue notice to respondent
No.3 returnable for 26.10.2021, on taking steps within two
days. In the meanwhile, transfer order dated 24.8.2021
(Annexure P-1) is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 28.9.2021
(pankaj)
CWP No. 1959/2018
28.9.2021 Present: Mr. Devender K. Sharma, Advocate, vice counsel
.
for the petitioner.
Mr. Surender Verma, Advocate, for respondents No. 1 and 2.
Mr. Vir Bahadur Verma, CGC, for respondent No.3.
Counter to status report as also rejoinder not filed.
The same be filed within four weeks. List on 26.10.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
28.9.2021
(pankaj)
CWP No. 6130/2021
28.9.2021 Present: Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur,
.
Advocate, for the respondents.
List on 30.9.2021.
(Tarlok Singh Chauhan)
Judge
28.9.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 2843/2019
28.9.2021 Present: Mr. Mehar Chand Thakur, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.Gs. for the respondents-State. Mr. Maan Singh, Adocate, vice counsel for respondent No.5.
CWP No. 2843/2019
List along with connected matters on 30.9.2021.
CMP No. 11600/2021
The pleadings are yet to complete. Therefore, the
instant application for early hearing of the petition being
misconceived is dismissed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 28.9.2021
(pankaj)
CWP No. 3193/2019 & CWP No. 3601/2021
28.9.2021 Present: Ms. Devyani Sharma, Advocate, for the petitioner
.
in CWP No.3193/2019
Mr. M.L. Sharma, Advocate, for the petitioner in CWP No.3601/2021.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Vinod Thakur, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.Gs. for the respondents-State. Mr. Vir Bahadur Verma, Advocate, for respondent No.2 in CWP No. 3193/2021.
Despite repeated opportunities, respondent No.2 in
CWP No. 3193/2019 has failed to file reply. Let needful be
done within three weeks, failing which responsible officer of
respondent No.2 shall personally remain present before the
Court on the next date of hearing along with the relevant
record.
List on 19.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.9.2021 (pankaj)
CWP No. 1011/2021
27.9.2021 Present: Mr. Hamender Singh Chandel, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. Dalip K. Sharma, Advocate, vice counsel for respondent No.3.
Mr. Vinod Thakur, learned Additional Advocate
General states that reply on behalf of respondents No. 1 and 2
is being filed during the course of the day. His statement is
taken on record. Reply on behalf of respondent no.3 stands
filed.
List along with CWP No. 995/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
27.9.2021 (pankaj)
CWP No. 1012/2021
27.9.2021 Present: Mr. Hamender Singh Chandel, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. Dalip K. Sharma, Advocate, vice counsel for respondent No.3.
Mr. Vinod Thakur, learned Additional Advocate
General states that reply on behalf of respondents No. 1 and 2
is being filed during the course of the day. His statement is
taken on record. Reply on behalf of respondent no.3 stands
filed.
List along with CWP No. 995/2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
27.9.2021 (pankaj)
CWP No. 3018/2021
27.9.2021 Present: Mr. Surinder Saklani, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondents-State.
Mr. Vir Bahadur Verma, CGC, for respondent No.5.
On the joint request of learned counsel for the
parties, list on 30.9.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
27.9.2021
(pankaj)
CWP No. 3096/2021
27.9.2021 Present: Mr. Rakesh Bansal, Advocate, vice counsel for the
.
petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents-State.
Mr. Pranay Pratap Singh, Advocate, for respondent
No.3.
Mr. Varun Rana, Advocate, for respondent No.4.
Pleadings be completed within one week.
r to
List on 5.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
27.9.2021
(pankaj)
CWP No. 3100/2021
27.9.2021 Present: Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur,
.
Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Rejoinder, if any, be filed within four weeks.
List on 1.11.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
27.9.2021
(pankaj)
CWP No. 3119/2021
27.9.2021 Present: Mr. Pranay Pratap Singh, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. Sunil Thakur, Advocate, for respondent No.4.
Compliance report filed by the Director, Technical
Education, in the open Court is ordered to be taken on record.
Learned counsel for the parties jointly pray for and are granted
one week's time to go through the same.
List on 4.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.9.2021 (pankaj)
CWP No. 3513/2021
27.9.2021 Present: Mr. V.D. Khidtta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondents-State.
Mr. Shashi Shirshoo, CGC, for respondent No.3.
CMP No. 11481/2021
Heard. Since the proposed amendment seeks to
assail the consideration order dated 7.9.2021, that has been
passed during the pendency of the instant petition, therefore,
the instant application for amendment of the writ petition is
allowed and disposed of.
CWP No. 3513/2021
Amended writ petition is taken on record. Reply to
the amended petition, as prayed for, be filed within three
weeks. List for consideration on 25.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.9.2021 (pankaj)
CWP No. 3653/2021
27.9.2021 Present: Mr. Ajay Sharma, Sr. Advocate, with Mr. Amit
.
Jamwal, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for respondents No. 5 & 6.
Learned counsel for respondents No. 5 and 6 prays
for and is granted four weeks' time to file reply.
List on 25.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 27.9.2021
(pankaj)
LPA No. 41/2021
27.9.2021 Present: Mr. Angrez Kapoor, Advocate, for the appellant.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondents-State.
Mr. K.B. Khajuria, Advocate, for the contemnors. Mr. Anil Soni (Editor) and Mr. Neelkant (Bureau Chief), Divya Himachal in person.
After arguing for some time, Mr. K.B. Khajuria,
Advocate, prays for and is granted one week's time to file better
affidavit.
List on 4.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 27.9.2021 (pankaj)
CWP No. 3172/2021
27.9.2021 Present: Mr. Balram Sharma, ASGI, for the petitioners.
.
Mr. J. L. Bhardwaj, Advocate, for respondents No. 1 to 17 and 19 to 23.
The Presiding Officer, Central Government
Industrial Tribunal-cum-Labour Court-II, Chandigarh, has
failed to remit the relevant records despite intimation sent by
the registry of this Court on 15.9.2021.
Therefore, let an urgent reminder, along with a
copy of this Order, through FAX and e-mail, be sent to the
concerned Presiding Officer, to remit the records so as to reach
before this Court well before the next date of hearing.
List on 30.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 27.9.2021 (pankaj)
CWP No. 856/2018
.
24.9.2021 Present: Mr. G. C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Er. Ajeet Negi, Executive Engineer & Er. Anirudh Balnatha, Assistant Engineer, JSV Matiana in person.
We have interacted for sufficient long time with
Er. Ajeet Negi, Executive Engineer JSV Matiana and have
tried to comprehend the water problem as is being faced by
the inhabitants of villages Laffu, Raich Tangi, Manj Gaon,
Lambidhar, Chamech Koti Karyal, Lanu, Challan (Khanoo)
and other surrounding inhabitants.
We are of the considered view that this issue
can conveniently be resolved in case the officials of the
respondent-JSV carry out study regarding utilization of
water prior to commissioning of the scheme in the year
2007.
In addition thereto, officials of the respondent-
JSV are required to hold periodic meetings with Gram
Panchayat(s) so as to understand and thereafter resolve the
issues in a more compatible fashion. Let both the exercises
be done within a period of three weeks.
The Pradhan, Gram Panchayat, Kathog, is directed to
render full cooperation to the team of the respondent-JSV.
.
Let first meeting be held on 2.10.2021 and if
need arises, successive meetings be also held.
List on 22.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
24.9.2021
(pankaj)
Cr. A. No. 327/2019
24.9.2021 Present: Mr. Malay Kaushal, Advocate, for the appellant.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondent.
On the request of Mr. Malay Kaushal, Advocate,
list on 28.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.9.2021 (pankaj)
CWP No. 4893/2021
23.9.2021 Present: Mr. Ankush Dass Sood, Sr. Advocate with Mr.
.
Manik Sethi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel
Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondent-State.
Mr. Naresh Kaul, Advocate, for respondent No.2. Mr. R. L. Sood, Sr. Advocate with Mr. Arjun K. Lal, Advocate, for respondent No.3.
Heard for some time. The instant lis is primarily
between the petitioner and Shalooni University, which, for
some strange reasons, has not been arrayed as party
respondent.
2 Accordingly, we deem it proper to array Shalooni
University of Biotechnology & Management Science, Post Box
No.9, Head Post Office Solan, Distt. Solan, HP-173212 as party
respondent, which shall now figure as respondent No.3.
Ordered accordingly.
3 Issue notice to respondent No.3. Mr. Arjun K. Lal,
Advocate, appears and waives service of notice on behalf of
respondent No.3. Let a complete copy of the petition be
supplied to the learned counsel for respondent No.3 during the
course of the day.
4 At this stage, Mr. R.L. Sood, learned Sr. Advocate
assisted by Mr. Arjun K. Lal, Advocate, would argue that the
instant petition is liable to be dismissed at the threshold as on
the one hand, the petitioner claims himself to be a leading
jurist of this country and on the other hand, he has failed to
array Shalooni University as party respondent. Even the
reference of three opportunities, that have been granted to the
.
petitioner, has not been specifically stated in the petition.
5 In rebuttal, Mr. Ankush Dass Sood, learned Sr.
Advocate, assisted by Mr. Manik Sethi, Advocate, would argue
that since he has already annexed relevant orders, therefore,
this ground is neither contentious nor changeable at the
instance of respondent-University.
6 We are not at all inclined to entertain any of these
submissions at this stage.
7 Learned counsel for respondent No.3 prays for and
is granted two weeks' time to file reply.
8 List on 28.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
23.9.2021
(pankaj)
Ex. Petition No. 140/2019
23.9.2021 Present: Mr. Lalit K. Sehgal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondents-State.
Mr. Inder Sharma, Advocate, for respondents No. 2 to 9.
On 26.8.2021, this Court passed the following
order:
"Reply to the execution petition was filed as far as back
on 16.3.2020. Thereafter, a lot of changes have taken
place including recommendations of the case of the petitioner for regularization which is stated to be pending before the Board of Management and probably
for want of meeting, no decision has been taken. Therefore, the respondent-State is directed to convene the meeting of Board of Management within two weeks
and take a decision, as aforesaid; and report compliance on the next date of hearing.
List on 23.9.2021.
Copy dasti."
2 It appears that while passing the aforesaid order,
this Court was not apprised of the latest factual position,
which has now come on record by way of supplementary
affidavit filed on behalf of the Registrar of the respondent-
University, which reveals that the meetings of the Finance
Committee and Board of Management had already been held
on 9.6.2021 and 11.6.2021 respectively, wherein it was
observed as under:
"The Finance Committee discussed and considered the proposal but did not approve the same, as this proposal was not examined/prepared as per policy. Moreover, no
financial liability has been worked out in respect of this proposal."
.
3 The supplementary affidavit further reveals that
the matter has bee n referred to the Students Welfare Officer
for calculating the financial liability on account of Mess
Helpers/Cooks, who have been reinstated on outsource basis.
4 Now that the matter has been referred to the
Students Welfare Officer, it is expected that an early decision
in the matter would be taken by the said officer.
5 Accordingly, the matter is adjourned to
25.11.2021, when fresh status report be filed by Registrar of
the respondent-University.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
23.9.2021 (pankaj)
Ex. Petition No. 200/2020
23.9.2021 Present: Ms. Anu Tuli Azta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., Svaneel Jaswal and Mr. Bhupinder Thakur, Dy.A.Gs. for
the respondents-State.
Mr. Ajit Kumar Thakur, Chief Conservator of Forests, Rampur, in person.
Mr. Ajit Kumar Thakur, Chief Conservator of
Forests, Rampur, who is present in person, has assured the
Court that henceforth, there will be no unnecessary inter-
department correspondence(s), more particularly, relating to
the cases of forest clearance in terms of the Forest
(Conservation) Act, 1980 and the Scheduled Tribes and Other
Traditional Dwellers (Recognition of Forest Rights) Act, 2006
and the same shall be attended to promptly. He has further
assured this Court that the case of the petitioner under the
FRA shall be forwarded to the concerned authority within
three weeks. His statement is taken on record.
We appreciate the fair stand taken by the Chief
Conservator of Forests, Rampur. Let the approval be now sent
to the Nodal Officer within three weeks, who in turn, shall
send it to the State Government within one week.
Let the Principal Chief Conservator of Forests, be
apprised of this order as also deliberations, which have taken
place in the Court today.
List on 28.10.2021, when the respondents-State
shall apprise the Court regarding the proposal.
Personal presence of the Chief Conservator of
Forests, Rampur, is dispensed with.
.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
23.9.2021 (pankaj)
LPA No. 458/2012
22.9.2021 Present: Mr. Ramakant Sharma, Advocate, for the
.
appellants.
Mr. Vinod Thakur, Advocate, for respondent No.3.
As jointly prayed for, list on 29.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
22.9.2021
(pankaj)
CWP No.3123/2021 with CWP No.1398/2018
22.9.2021 Present: Ms. Vandana Misra, petitioner in person, in CWP
.
No.3123/2021.
Mr. Anup Rattan, Advocate, for the petitioner in CWP No. 1398/2018.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Balram Sharma, ASGI, for respondent No.4.
Mr. Vijay Arora, Advocate, for respondent No.6- BSNL.
Mr. Abhishek Banta, Advocate, for respondent No.7-Airtel.
Mr. B. C. Negi, Sr. Advocate with Mr. Suneet Goel, Advocate, for respondent No.8-Reliance Jio
Infocomm Ltd.
Ms. Seema Guleria, Advocate, for respondent No.9. Mr.Tara Singh Chauhan, Advocate, for respondent No.10-BSNL.
Mr. Nimish Gupta, Advocate, for respondent No.11.
Mr. Mukesh Thakur, Advocate, for respondent No.12.
Mr. Sandeep Dutta, Advocate, for respondent No.13.
Mr. Mohan Lal, ADG and Mr. Mayank Negi, ACCA, in person.
Record of Revision No. 2/2019 (SLM), titled as
IDEA Cellular Ltd. (ATC) vs. State of H.P., be requisitioned
from the court of Financial Commissioner (Appeals) Shimla
so as to reach before this Court on the next date of hearing.
List on 29.9.2021
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 22.9.2021 (pankaj)
CWP No.3930/2021
21.9.2021 Present: Mr. S. D. Gill, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Anubhav Chopra, Advocate, for respondent No.3.
Heard. Let complete records of the transfer in
question be produced on the next date of hearing.
List on 24.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 21.9.2021 (pankaj)
CWP No.1797/2021
21.9.2021 Present: Mr. Vinod Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Maan Singh, Advocate, for respondent No.4.
Reply filed on behalf of the official respondents in
the open court is taken on record. Learned Deputy Advocate
General states that one post of Forest Guard is lying vacant in
Bhabanagar. He prays for and is granted two days' time to
obtain instructions.
List on 24.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 21.9.2021 (pankaj)
LPA No. 57/2021
21.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal
Manhans, Mr. Vinod Thakur, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant.
Notice issued to the respondent has been received
back unserved for want of correct address. Let fresh steps for
the service of respondent be taken within two weeks.
List on 5.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 21.9.2021 (pankaj)
CEA No.1/2017
16.9.2021 Present: Mr.Vijay Arora, Advocate, for the appellant.
.
Mr. Naveen Mullick, Mr. Vishal Mohan and Mr.
Praveen Sharma, Advocates, for the respondent.
One of the main issues, as raised in this appeal, is
stated to be covered by the judgment rendered by this Court in
Ranbaxy Laboratories Ltd. vs. Commissioner of C.Ex,
Chandigarh, 2012(279) ELT 194 (HP), however the parties
are
before the
consideration.
r Hon'ble
ad idem that the aforesaid judgment has been assailed
Supreme Court and is pending
Therefore, in the given circumstances, we deem it
proper to modify the order dated 20.6.2017 directing the
appellant to refund the amount in cash, in terms of the
impugned order, to the respondent, however, subject to
furnishing surety on behalf of the respondent-Firm as also in
individual capacity of the partners of the respondent-Firm to
the satisfaction of the concerned Jurisdictional Assessing
Officer.
It is made clear that in the event of the appeal
being succeeded, the respondent shall deposit the amount
in question with the appellant along with interest @ 6% per
annum.
List in due course, reserving liberty to the
appellant to seek listing of the appeal as and when the
aforesaid matter is decided by the Hon'ble Supreme Court.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
.
Judge
16.9.2021 (pankaj)
CEA No.1/2017
16.9.2021 Present: Mr.Vijay Arora, Advocate, for the appellant.
.
Mr. Naveen Mullick, Mr. Vishal Mohan and Mr.
Praveen Sharma, Advocates, for the respondent.
One of the main issues, as raised in this appeal, is
stated to be covered by the judgment rendered by this Court in
Ranbaxy Laboratories Ltd. vs. Commissioner of C.Ex,
Chandigarh, 2012(279) ELT 194 (HP), however the parties
are
before the
consideration.
r Hon'ble
ad idem that the aforesaid judgment has been assailed
Supreme Court and is pending
Therefore, in the given circumstances, we deem it
proper to modify the order dated 20.6.2017 directing the
appellant to refund the amount in cash, in terms of the
impugned order, to the respondent, however, subject to
furnishing surety on behalf of the respondent-Firm as also in
individual capacity of the partners of the respondent-Firm to
the satisfaction of the concerned Jurisdictional Assessing
Officer.
List in due course, reserving liberty to the
appellant to seek listing of the appeal as and when the
aforesaid matter is decided by the Hon'ble Supreme Court.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
CMP-T No.1328/2020
16.9.2021 Present: Mr. P.P. Chauhan, Advocate, for the
.
petitioner/applicant.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State.
CMP-T No. 1328/2020
Heard. In view of the order passed by the learned
Ram r vs.
Division Bench of this Court in COPC No. 181/2018, titled as
Kumat Dr. Amarjeet Kumar
19.11.2018, we are clearly of the view that the original Sharma, dated
application has been filed within the prescribed period of
limitation. Therefore, delay in filing of the original application
is ordered to be condoned. Application stands disposed of.
CWPOA No._____________/2021
Be registered. Reply, as prayed for, be filed within
six weeks. List thereafter.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
CWP No.53/2019
16.9.2021 Present: Mr. Neeraj Maniktala, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Sh. Vir Bahadur Verma, Advocate, for respondents No. 2,6 and 7.
Mr. Shashi Shirshoo, Advocate, for respondent No.9
CMP No. 10861/2021
Heard. There is a typographical error in memo of
parties as reflected in the order dated 6.9.2021 and the same
is ordered to be corrected strictly in accordance with memo of
parties, as reflected in page 1 of the paper book. In addition
thereto, name of Mr. Shashi Shirshoo, learned counsel for
respondent No.9, be also reflected in the order dated
6.9.2021.
The application is allowed and disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
CWP No. 3018/2021
16.9.2021 Present: Mr. Surinder Saklani, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Vir Bahadur Verma, Advocate, for respondent No.5.
Prima facie, the issue in question is no longer res
integra in view of the judgment rendered by learned Division
Bench of this Court in LPA No.36/2010, titled as Sita Ram
vs. State of H.P. & ors., dated 15.7.2010, wherein it was
held that "It is also settled principle of law that any service that
is counted for the purpose of increment, will count for pension
also."
Confronted with this, learned Additional Advocate
General prays for and is granted one week's time to obtain
instructions.
List on 23.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
CWP No.4107/2021
16.9.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Athrav
.
Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondent-State. Mr. Ajay Thakur, Advocate, vice Mr. Avneesh Bhardwaj, Advocate, for respondents No. 2 and 3.
Learned counsel for the petitioner states that the
issue in question is squarely covered by the judgment rendered
by learned Division Bench of this Court in LPA No. 8/2018,
titled as Manoj Kumar & ors. vs. State of H.P. & ors.,
dated 15.12.2017.
Confronted with this, learned counsel for
respondents No. 2 and 3 prays for and is granted two weeks'
time to obtain instructions.
List on 7.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
CWP No. 2692/2021
16.9.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rakesh Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur,
Dy.A.G. for the respondents-State. Mr. Deepak Kaushal, Advocate, for respondent No.5.
Admit. List before SB-III along with CWP No.
r to 1980/2018 on the date already fixed, i.e. 16.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 16.9.2021 (pankaj)
Ex. Pet. No. 174/2021
16.9.2021 Present: Mr. S. P. Chatterji, Advocate, for the petitioner.
.
Mr. Vikas Rajput, Advocate, for the respondents.
CMP No.10817/2021
Since the claim of the petitioner/applicant has
been partly accepted, therefore, order dated 24.8.2021, for
which instant application seeking modification has been filed,
is accordingly modified and instead of word "rejected", the
same be read as "partly allowed". The application stands
disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
16.9.2021 (pankaj)
Cr.MPM No. 1524/2019
16.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Hemanshu Misra, Mr. Shiv Pal
Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant.
Ms. Shivani, Advocate, vice counsel for the
respondents.
It is rather surprising that the appellant-State has
not been able to place on record certified copy of Ext. PW-
3.3.2020.
r to 11/C, despite having been granted time as far as back on
As a matter of sheer indulgence and by way of last
and final opportunity, two weeks' further time is granted to do
the needful, failing which Superintendent of Police, Kangra,
shall remain personally present before this Court on the next
date of hearing.
List on 30.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.9.2021 (pankaj)
FAO (FC) No. 31/2021
16.9.2021 Present: Mr. G. R. Palsra, Advocate, for the appellant.
.
Mr. Surinder Saklani, Advocate, for the respondent.
The parties are present and they are not averse in
making an endeavour to settle the matter amicably.
As jointly prayed for, Mr. S.C. Sharma, learned
Senior Advocate and a Trained Mediator of this Court is
appointed as Mediator to mediate between the parties. The
parties to appear before the learned Mediator at 1.00 P.M.
today i.e. 16.9.2021 at Mediation Centre, H.P. High Court.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
16.9.2021 (pankaj)
Cr.A. No. 137/2021
14.9.2021 Present: Mr. Rajiv Rai, Advocate, for the appellants.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl.
A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-State.
Cr.MP No.1358/2021
Appellant/applicant No.2, Jasmer Singh, has
once again moved the instant application for suspension
of sentence. Earlier application (Cr.MP No.973/2021) was
rejected at the time of admission of the appeal vide order
dated 22.6.2021.
2 In the application now filed, it has been
averred that the applicant has two minor daughters and
one mentally retarded and physically challenged son.
Moreover, wife of the applicant is due for delivery and the
expected date is 21.9.2021. According to him, his family is
at the stage of starvation.
3 The respondent-State was put to notice and in
the instructions handed over to the Court, which are
made part of the record, the aforesaid facts have not been
denied.
4 Though, the applicant has been convicted and
sentenced to undergo rigorous imprisonment for a term of
ten years and to pay a fine of Rs.1,00,000/- and in default
of payment of fine to further undergo rigorous
imprisonment for one year, for the offence punishable
under Section 20(b)(ii)(c) of the Narcotic Drugs and
.
Psychotropic Substances Act, 1985, however that, in
itself, does not affect the power of this Court to suspend
the sentence or grant the bail to the applicant; if
compelling and exceptional circumstances so warrant.
This power cannot be exercised in a routine and casual
manner, but has to be exercised sparingly, that too, in
exceptional circumstances.
5 Having regard to the totality of the facts and
circumstances of the instant case, more particularly,
taking into consideration the penurious circumstances
and indigent situation, in which the family of the
applicant is placed, we deem it proper to suspend the
sentence of the applicant for a period of three months.
Ordered accordingly.
6 Consequently, the applicant is ordered to be
released on bail, on his furnishing personal bond in the
sum of Rs.25,000/- with one surety of the like amount to
the satisfaction of the concerned Jail Superintendent.
7 The applicant shall surrender himself on the
expiry of three months from today i.e. 14.12.2021 before
the Jail Superintendent, Bilaspur.
8 This order has been passed in the peculiar
facts and circumstances of the case, therefore, the same
.
shall not be treated as precedent in future.
9. The application is allowed in the aforesaid
terms and disposed of.
CMP No. 1359/2021
The application, as prayed for, is allowed and
the applicant is exempted from filing the typed copies of
Annex
ures in question. The application stands disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 14.9.2021
(pankaj)
CWP No.5199/2021
14.9.2021 Present: Ms. Shalini Thakur, Advocate, for the petitioner.
.
Mr. Balram Sharma, ASGI, for the respondents. Mr. Pranay Pratap Singh, Advocate, for the applicant in CMP No. 10857/2021.
Heard in part. For continuity, list on 16.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
r Judge
14.9.2021
(pankaj)
CWP No. 5124/2021
14.9.2021 Present: Mr. Kulwant Singh Gill, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Maan Singh, Advocate, for respondent No.9.
Learned counsel for the respondents jointly pray
for and are granted four weeks' time to file reply.
List on 19.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 14.9.2021 (pankaj)
Ex.Pet. No.66/2021
14.9.2021 Present: None.
.
List on 15.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
14.9.2021 (pankaj)
FAO (FC) No.38/2021
14.9.2021 Present: Mr. Nitin Thakur, Advocate, for the appellant.
.
FAO (FC) No.38/2021 & CMP No. 10452/2021
Mr. Nitin Thakur, Advocate, states that the
appellant has withdrawn the application, that was pending
before the learned Family Court, for setting aside the ex-parte
judgment dated 17.10.2020 passed in HMA petition No. 98-S/3
of 2020. His statement is taken on record.
Issue notice to the respondent, returnable for
26.10.2021, on taking steps within two days. In the
meanwhile, operation and execution of the judgment and
decree dated 17.10.2020 passed by the learned Family Court is
ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 14.9.2021 (pankaj)
Ex. Pet. No. 167/2021
13.9.2021 Present: Mr. Ajit Saklani, proxy counsel, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
This matter has been listed under the caption
"Speaking to the Minutes". Inadvertently, the date of decision
in the instant petition at the end has been mentioned as 25th
August, 2021, whereas it should have been 2nd September,
2021. Ordered accordingly.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 13.9.2021
(pankaj)
CWP No. 2882/2020
13.9.2021 Present: Mr. Ajit Saklani, proxy counsel, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
The compliance report in this case already stands
filed. Therefore, no further orders are required to be passed
and the matter is closed.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
13.9.2021
(pankaj)
CWP No. 5245/2021
13.9.2021 Present: Mr. Ajit Saklani, proxy counsel, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
CWP No. 5245/2021 & CMP No. 10800/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents-State.
Prima facie, consideration order dated 11.8.2021 is
in the teeth of the judgment rendered by learned Single Judge
of this court in CWP No. 767/2021, titled as Sanjay Chadha
vs. State of H.P., decided on 9.7.2021.
Confronted with this, learned Additional Advocate
General prays for and is granted three days' time to obtain
instructions.
List on 17.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 13.9.2021 (pankaj)
CWPOA No. 3986/2020
13.9.2021 Present: Mr. Ajit Saklani, proxy counsel, for the petitioner.
.
Mr. Karan Singh Parmar, proxy counsel, for the respondent.
CMPT No. 563/2021
The instant application being formal in nature, as
it seeks to lay challenge to the rejection order dated 25.9.2017,
is allowed and disposed of.
CWPOA No. 3986/2020
Amended petition be filed within four weeks. List
on 18.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
13.9.2021 (pankaj)
CWP No. 5200/2021
13.9.2021 Present: Mr. Ajit Saklani, proxy counsel, for the petitioner.
.
List along with connected matter on the date
already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 13.9.2021 (pankaj)
CWP No. 1648/2018 a/w CWP No.63/2019
CWP No. 1648/2018
.
8.9.2021 Present: Mr. Abhimanyu Rathour, Advocate, for the
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.G. for the respondents-State. Mr. Amit Singh Chandel, Advocate, for respondent No.6.
Mr. Tara Singh Chauhan, Advocate, for respondent No.8.
Mr. Mehar Chand Jamwal, Advocate, for respondent No.9.
CWP No. 63/2019
Mr. Mehar Chand Jamwal, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. Amit Singh Chandel, Advocate, for respondent No.4.
Mr. Shaurya Sharma, Advocate, for respondent No.5.
Reply to CWP No.1648/2018 is stated to be filed
by respondents No. 1 to 4 and 6. The same be traced and
placed on record. List on 29.9.2021. In the meanwhile, reply be
also be filed by remaining respondents.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 8.9.2021 (pankaj)
CWP No. 4569/2021
7.9.2021 Present: Mr. Rakesh. K. Dogra, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Dinesh Bhanot, Advocate, for respondents No. 2 to 4.
Reply filed by the respondents-Corporation is
evasive. Therefore, let supplementary affidavit, clearly setting
out therein r as to how soon temporary deployment of the
petitioner is going to end and what permanent arrangements
have respondents made following resignation of the Junior
Engineer posted there, be filed before the next date of hearing.
List on 21.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
7.9.2021 (pankaj)
CWP No.4515/2021
7.9.2021 Present: Mr. Neel Kamal Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents. Mr. Vinod Chauhan, Advocate, for respondent No.4.
Learned counsel for respondent No.4 states that
after institution of the instant petition, the petitioner has again
tried to procure D.O. note. Let details whereof be supplied on
the next date of hearing.
List on 8.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 7.9.2021
(pankaj)
CWP No. 4637/2021
7.9.2021 Present: Mr. A. K. Gupta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. List along with CWP No. 3752/2021
on 15.9.2021. Reply in the meanwhile.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 7.9.2021 (pankaj)
CWP No. 4636/2021
7.9.2021 Present: Mr. A. K. Gupta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Leaving all questions of law open, notice. Mr.
Vinod Thakur, learned Additional Advocate General appears
and waives service of notice on behalf of the respondents. He
prays for and is granted four weeks' time to file reply.
List on 26.10.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 7.9.2021 (pankaj)
CWP No. 5078/2021
6.9.2021 Present: Mr. Amit Jamwal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.1
and 3.
Mr. Sanjeev K. Motta,Advocate, for respondent No.2.
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. Sanjeev K. Motta, Advocate, appear
and waive service of notice on behalf of the respective
respondents.
List along with CWP No. 3894/2021 on the date
already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 6.9.2021 (pankaj)
CWP No. 2067/2019
6.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the petitioners.
Mr. Vir Bahadur Verma, Central Government
Counsel for the respondent-Union of India. Mr. Maan Singh, Advocate, for respondent- Pollution Control Board.
Mr. Vishwa Bhushan, Advocate, for respondent No.4.
r to
List in due course.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
6.9.2021
(pankaj)
CWP No. 5078/2021
6.9.2021 Present: Mr. Amit Jamwal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No.1
and 3.
Mr. Sanjeev K. Motta,Advocate, for respondent No.2.
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. Sanjeev K. Motta, Advocate, appear
and waive service of notice on behalf of the respective
respondents.
List along with CWP No. 3894/2021 on the date
already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 6.9.2021 (pankaj)
CWP No. 5054/2021
6.9.2021 Present: Mr. B. P. Sharma, Sr. Advocate with Mr. Arun
.
Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents-State.
CMP No. 10512/2021
For the reasons stated in the application, the same
is allowed and disposed of.
CWP No. 5054/2021 & CMP No. 10385/2021
Amended memo of parties is taken on record.
Notice is confined to respondents No.5A and 5B at this stage.
Mr. Vinod Thakur, learned Additional Advocate General,
appears and waives service of notice on behalf of the aforesaid
respondents. He prays for and is granted two weeks' time to
file reply. List on 20.9.2021. In the meanwhile, the parties are
directed to maintain status quo as existing on the spot as on
the date.
CMP Nos. 10386/2021 & 10387/2021
The applications are allowed with direction to the
applicant to file the translated/typed copies of the Annexures
in issue within two weeks. The applications stand disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.9.2021 (pankaj)
CWP No. 1730 of 2014 a/w CWPs No.2120, 3319, 4498, 5871 of 2014 and CWP No.2933 of 2016.
.
CWP No.1730 of 2014.
4.09.2021 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2. Mr. V. S. Chauhan, Sr. Advocate with Ms. Shalini Thakur, Advocate, for respondent No.3. Mr. Ashwani K. Sharma, Sr. Advocate with
Mr. Ishan Sharma, Advocate, for respondent No.4. Mr. Nimish Gupta, Advocate, for respondent No.5.
Mr. Hamender Singh Chandel, Advocate, for respondent No.6.
CWP No.2120 of 2014.
Mr. B.C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr.
Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2.
Mr. Ashwani K. Sharma, Sr. Advocate with Mr. Ishan Sharma, Advocate, for respondent No.3. Mr. Nimish Gupta, Advocate, for respondent No.4. Mr. V. S. Chauhan, Sr. Advocate with Ms. Shalini Thakur, Advocate, for respondent No.6. Mr. Hamender Singh Chandel, Advocate, for respondent No.7.
CWP No.3319 of 2014
Mr. K.S. Banyal, Sr. Advocate with Mr. A.K. Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2. Mr. V. S. Chauhan, Sr. Advocate with Ms. Shalini Thakur, Advocate, for respondent No.3.
Mr. Hamender Singh Chandel, Advocate, for respondent No.7.
Mr. Ashwani K. Sharma, Sr. Advocate with
.
Mr. Ishan Sharma, Advocate, for respondent No.8.
CWP No.4498 of 2014
Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod
Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2.
Mr. V. S. Chauhan, Sr. Advocate with Ms. Shalini Thakur,
Advocate, for respondent No.3. Mr. Hamender Singh Chandel, Advocate, for respondent No.7.
Mr. Ashwani K. Sharma, Sr. Advocate with Mr. Ishan Sharma, Advocate, for respondent No.8.
CWP No.5871 of 2014
Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals and Mr.
Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2. Mr. V. S. Chauhan, Sr. Advocate with Ms. Shalini Thakur, Advocate, for respondent No.3.
CWP No.2933 of 2016
Mr. Saurav Rattan, Advocate for the petitioner. Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Additional Advocate Generals, Mr. J.S. Guleria and Mr. Bhupinder Thakur, Deputy Advocate Generals, for the respondents-State. Mr. Vikrant Thakur, Advocate, for respondent No.2. Ms. Megha Kapur Gautam, Advocate, for respondent No.3.
Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge
.
(Sandeep Sharma) Judge 4th September, 2021
(pankaj)
r to
CWP No. 5071/2021 4.9.2021 Present: Mr. Bhuvnesh Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Shivank Singh Panta, Advocate, for
respondents No.2 & 3.
CWP No. 5071/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. Shivank Singh Panta, Advocate, appear
and waive service of notice on behalf of the respective
respondents. Issue notice to respondents No. 4 and 5 returnable
for 27.9.2021. Reply by the appearing respondents in the
meanwhile.
CMP No. 10424/2021
Heard. Setting up of new petrol pump by respondents
No. 2 and 3 shall abide by final order/further orders of this Court.
Application stands disposed of.
CMP No.10425/2021
The application is disposed of with a direction to the
applicant to file translated copies of Annexures in issue within a
period of four weeks.
CMP No. 10427/2021
The application, as prayed for, is allowed and
disposed of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 4.9.2021 (pankaj)
CWP No. 4091/2019
4.9.2021 Present: Mr. Mohar Singh, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the
respondents- State.
On the request of learned counsel for the
petitioner, list on 20.9.2021.
(Tarlok Singh Chauhan)
Judge
4.9.2021
(pankaj)
r to (Satyen Vaidya)
Judge
CWP No. 2123/2017
3.9.2021 Present: Mr. Saurav Rattan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Arguments heard. Judgment reserved.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 3.9.2021 (pankaj)
CWP No. 4856/2021
3.9.2021 Present: Mr. Ajay Sipahiya, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
On the request of learned Deputy Advocate
General, list on 10.9.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
3.9.2021
(pankaj)
CWP No. 4355/2021
3.9.2021 Present: Mr. Gaurav Chopra, Sr. Advocate with Mr. Pranay
.
Pratap Singh, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents-State.
On the request of learned counsel for the
petitioner, list on 4.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.9.2021 (pankaj)
CWP No. 3167/2021
3.9.2021 Present: Mr. Pankaj Bhardwaj, Mr. P.P. Chauhan, Mr.
.
Munish Thakur, Mr. R.L. Verma, Advocates, for
the petitioner.
Mr. Ajay Vaidya, Sr. Addl. A.G. for respondents- State.
Dy.S.P. Kailash Chander, Narcotics, Distt. Amritsar (Rural), Punjab, Inspector Lovepreet Singh, SHO/IO, Police Station Ghrinda, Inspector Gurwinder Singh, I.O. PBI-CAP Amritsar(Rural), SI Jasjit Singh and SI Kewal Singh, Mattewal,
District Amritsar (Rural), Punjab in person.
Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
3.9.2021 (pankaj)
CWP No. 4819/2021
2.9.2021 Present: Mr. Anubhav Chopra, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. Sunil Mohan Goel, Advocate, for respondent No.5.
CWP No. 4819/2021 & CMP No. 10246/2021
List before the Principal Bench on 9.9.2021. Till
then, the official respondents are restrained from resorting to
any coercive steps against respondent No.5 so as to compel her
to join at Govt. Degree College Hamirpur pursuant to office
order dated 31.8.2021 (Annexure RA-1). Respondent No.5, in
the interregnum, be permitted to avail leave of the kind due.
List on 9.9.2021. Interim order to continue.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.9.2021 (pankaj)
CWP No. 3450/2021
1.9.2021 Present: Mr. P. S. Goverdhan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Arguments heard. Judgment reserved.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 1.9.2021 (pankaj)
CWP No. 1918/2021 & CWP No. 1917/2021
1.9.2021 Present: Mr. Peeyush Verma, Advocate, for the petitioner in
.
CWP No. 1917/2018
Mr. Kush Sharma, Advocate, for the petitioner in CWP No. 1918/2021.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
These cases have been ordered to be listed on the
1917/2021.
We have
basis of mention memo made by the petitioner in CWP No.
clearly observed, vide order dated
5.5.2021, that there is no urgency in the matter. This position
was reiterated vide order dated 28.6.2021 when these cases
were again listed on the basis of mention memo.
Even today, these cases have again been listed
before this Court on the basis of mention memo and the same
obviously cannot be taken up for admission/hearing in view of
the earlier orders passed by this court. Ordered accordingly.
In case the petitioner feel that there is some
urgency in these cases, then the only course available to him is
to seek modification, variation or recalling of order dated
5.5.2021 and 28.6.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 1.9.2021 (pankaj)
Cr. Appeal No. 151/2021
1.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant.
Respondent in person.
Respondent, who is present in present, states that
he cannot bear the expenses of a Lawyer. Therefore, we deem it
r to proper to appoint Mr. Onkar Jairath, Advocate, as Legal Aid
Counsel, in the instant case. Ordered accordingly.
Mr. Onkar Jairath, who is also present in the
Court, has graciously accepted the request made by us for
representing the respondent.
Accordingly, the registry is directed to reflect
name of Mr. Onkar Jairath, Advocate, for the respondent, in
the cause list henceforth.
Admit. Call for the records.
After receipt of the records, a copy of complete
paper book be supplied to Mr. Onkar Jairath, Advocate, at the
expenses of H.P. State Legal Services Authority.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 1.9.2021 (pankaj)
CWP No. 2626/2021
1.9.2021 Present: Ms. Archana Dutt, Advocate, for the petitioner.
.
Mr. Sushant Vir Singh Thakur, Advocate, for the respondents.
Learned counsel for the petitioner, on instructions,
states that the order in question has been fully complied with.
Her statement is taken on record.
In view of above, no further orders are required to
be passed and the matter is closed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 1.9.2021 (pankaj)
CWP No. 1877/2021
1.9.2021 Present: Mr. Sunil Mohan Goel, Advocate, for the petitioner.
.
Mr. Naresh Kaul, Advocate, for respondent No.1.
Learned counsel for the petitioner, on instructions,
states that the order in question has been fully complied with.
His statement is taken on record.
In view of above, no further orders are required to
be passed and the matter is closed.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
1.9.2021
(pankaj)
CMP(M) No. 536/2021
1.9.2021 Present: Mr. Atul Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Reply not filed. The same be positively filed within
two weeks. List on 15.9.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 1.9.2021
(pankaj)
Cr. A. No. 210/2021
1.9.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant.
It appears that the bailable warrant issued against
the respondent has not been executed in view of certain
clarifications sought by the Ministry of Home Affairs, New
Delhi.
Confronted with this, learned Deputy Advocate
General prays for and is granted four weeks' time to comply
with the requirements, as sought by the Ministry of Home
Affairs, New Delhi.
List on 6.10.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
1.9.2021 (pankaj)
Ex. Pet. No. 461/2020
1.9.2021 Present: Mr. Shubham Sood, Advocate, for the petitioner.
.
Mr. Vikas Rajput, Advocate, for the respondents.
Learned counsel for the respondents states that
only interest remains to be paid to the petitioner. He prays for
and is granted two weeks' further time to do the needful.
List on 15.9.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 1.9.2021 (pankaj)
Ex.Pet. No. 91/2020
1.9.2021 Present: Mr. V. D. Khidtta, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Heard. Prima facie, we are of the considered view
that the stand taken by the respondents to deny the back
Industrial
wages to the petitioner is not at all sustainable in the eyes of
law for the reason that the petitioner had already approached
the
Tribunal-cum-Labour Court, Shimla, for
redressal of his grievances and in terms of order passed by the
Industrial Tribunal, which has attained finality upto the
Hon'ble Supreme Court, he was held entitled to back wages
from April 1997 till the date of his superannuation on
31.1.2007.
Confronted with this, learned Additional Advocate
General prays for and is granted two weeks' time to go through
the records of the case.
List on 15.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 1.9.2021 (pankaj)
CWPOA No. 6358/2020 31.8.2021 Present: Mr. J. L. Bhardwaj, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State. Mr. Dinesh K. Thakur, Advocate, for respondent No.3.
Mr. Vijay Singh Thakur, Advocate, for respondent No.4.
Mr. Vinod Thakur, Advocate, for respondent No.5.
It appears that the promotion to the post of Deputy
Registrar has been stayed since 26.2.2019.
We really wonder how this could have been done.
The post of Deputy Registrar is a functional post in the
University. The individual dispute cannot have primacy over
the larger public interest. Therefore, we deem it proper to
vacate the stay granted on 26.2.2019. Ordered accordingly.
However, we clarify that the promotion, if any, shall be subject
to the final outcome of the instant petition.
Learned counsel for the petitioner has filed an
application for amendment of the petition in the open court,
which is taken on record.
Learned counsel for the respondents jointly pray
for and are granted two weeks' time to file reply.
List for consideration on 14.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 31.8.2021 (pankaj)
CWP No. 4032/2020
31.8.2021 Present: Mr. Dinesh K. Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Learned Deputy Advocate General prays for and is
granted two weeks' further time to file reply on behalf of
r to respondents No. 1, 4 and 5. List on 13.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 31.8.2021 (pankaj)
CWP No. 4031/2020
31.8.2021 Present: Mr. Dinesh K. Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Learned Deputy Advocate General prays for and is
granted two weeks' further time to file reply on behalf of
r to respondents No. 1, 4 and 5. List on 13.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 31.8.2021 (pankaj)
FAO (FC) No. 35/2021
26.8.2021 Present: Mr. Kulwant Chauhan, Advocate, for the appellant.
.
CMP(M) No. 634/2021
The appeal is within time in terms of order passed
by the Hon'ble Supreme Court on 27.4.2021. Therefore, this
application seeking condonation of delay in filing of the appeal
is clearly misconceived and is disposed of as such.
FAO (FC) No. 35/2021 & CMP No. 10026/2021
Issue notice to the respondent returnable for
20.9.2021, on taking steps within two days. In the meanwhile,
operation and execution of the impugned judgment dated
9.4.2021 in case No. 16/2019 passed by the learned Additional
District Judge (II) Una, is ordered to be stayed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 26.8.2021 (pankaj)
CWP No. 3521/2021
26.8.2021 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
List on 2.9.2021, when typed copies of Annexures
R-1 to R-4 accompanying short reply be placed on record.
such illegible copies.
r to Registry is directed to be careful in future in not accepting
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 26.8.2021 (pankaj)
CWP No. 1609/2020
26.8.2021 Present: Mr. M. L. Sharma, Advocate, for the petitioner.
.
Mr. N. K. Gupta, Advocate, for respondent No.1. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents-State. Mr. Sumit Himalvi, Advocate, vice counsel for respondent No.4.
Learned counsel for the petitioner prays for and is
granted two weeks' time to file rejoinder(s).
List on 16.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 26.8.2021 (pankaj)
CWP No. 4325/2021
26.8.2021 Present: Mr. Ashok Kumar, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents.
Since the petitioner has been adjusted in one of
the stations of his choice, i.e. Govt. AHC Ghagas, District
Bilaspur, therefore, no further orders are required to be
passed and the matter is closed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 26.8.2021 (pankaj)
CWP No. 2504/2019
26.8.2021 Present: Mr. Diwan Singh Negi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned Additional Advocate General has placed
on record instructions dated 25.8.2021, which would go to
reveal that the permitted activity, for which the plot was
allotted, has still not been started.
Confronted with this, learned counsel for the
petitioner prays for and is granted two weeks' time to obtain
instructions.
List on 9.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
26.8.2021 (pankaj)
Ex. Pet. No. 282/2021
26.8.2021 Present: Mr. Devender K. Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Compliance affidavit is stated to have been filed.
The same be traced and placed on record, even if it is under
objections. Counter to the same, if any, be filed within two
weeks.
List on 9.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
26.8.2021 (pankaj)
CWP No. 5855/2020
26.8.2021 Present: Mr. Om Parkash Goel, Advocate, for the petitioner.
.
Mr. Naresh Kaul, Advocate, for the respondents.
On the request of learned counsel for the
respondents, list along with connected matters on 8.9.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
26.8.2021
(pankaj)
CWP No. 5353/2020
26.8.2021 Present: Mr. Om Parkash Goel, Advocate, for the petitioner.
.
Mr. Naresh Kaul, Advocate, for the respondents.
On the request of learned counsel for the
respondents, list along with connected matters on 8.9.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
26.8.2021
(pankaj)
CWP No. 4823/2021
26.8.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
and 2.
CWP No. 4823/2021 & CMP No. 9950/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of respondents No. 1 and 2. Issue notice to respondent
No.3, under Order 5 Rule 9A CPC, returnable for 8.9.2021, on
taking steps within two days. In the meanwhile, operation of
the impugned order of transfer dated 8.8.2021 (Annexure P-4)
qua the petitioner is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 26.8.2021 (pankaj)
Ex. Pet. No. 140/2019
26.8.2021 Present: Mr. Lalit K. Sehgal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.1.
Mr. Inder Sharma, Advocate, for respondents No. 2 to 9.
Reply to the execution petition was filed as far as
back on 16.3.2020. Thereafter, a lot of changes have taken
place including recommendations of the case of the petitioner
for regularization which is stated to be pending before the
Board of Management and probably for want of meeting, no
decision has been taken. Therefore, the respondent-State is
directed to convene the meeting of Board of Management
within two weeks and take a decision, as aforesaid; and report
compliance on the next date of hearing.
List on 23.9.2021.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 26.8.2021 (pankaj)
CWP No. 4823/2021
25.8.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
and 2.
CWP No. 4823/2021 & CMP No. 9950/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of respondents No. 1 and 2. Issue notice to respondent
No.3, under Order 5 Rule 9A CPC, returnable for 8.9.2021, on
taking steps within two days. In the meanwhile, operation of
the impugned order of transfer dated 8.8.2021 (Annexure P-4)
qua the petitioner is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 25.8.2021 (pankaj)
CWP No. 4817/2021
25.8.2021 Present: Mr. Amrinder Singh Rana, Advocate, for the
.
petitioner.
Mr. Vikrant Thakur, Advocate, for the respondents.
CWP No. 4817/2021 & CMP No. 9936/2021
Notice. Mr. Vikrant Thakur, Advocate, appears and
waives service of notice on behalf of the respondents. He prays
for and is granted four weeks' time to file reply.
List on 29.9.2021. In the meanwhile, operation of
the impugned order of transfer dated 19.8.2021 (Annexure P-3)
is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
25.8.2021 (pankaj)
CWP No. 4797/2021
25.8.2021 Present: Mr. P. P. Chauhan, Advocate, for the petitioner.
.
Mr. Avinash Jaryal, Advocate, for respondent No.1.
CWP No. 4797/2021
Notice. Mr. Avinash Jaryal, Advocate, appears and
waives service of notice on behalf of respondent No.1. Issue
notice to respondent No.2 returnable for 8.9.2021, on taking
steps within two days.
CMP No. 9853/2021
Heard. The appointment of respondent No.2 shall
abide by the subsequent order/final order that may be passed
by this Court. Application stands disposed of.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 25.8.2021
(pankaj)
CWP No. 4777/2021
24.8.2021 Present: Mr. Raj Kumar Negi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
CWP No. 4777/2021 & CMP No. 9853/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. He prays for and is granted two
weeks' time to file reply/obtain instructions. List on 9.9.2021.
In the meanwhile, impugned order of transfer dated 19.8.2021
(Annexure P-1) qua the petitioner is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.8.2021 (pankaj)
CWP No. 4773/2021
24.8.2021 Present: Mr. Avneesh Bhardwaj, Advocate, for the
.
petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents No. 1 to 5.
Mr. Vikrant Thakur, Advocate, for respondent No.6.
CWP No. 4773/2021
Leaving all questions of law including non-joinder
of necessary parties open, issue notice. Mr. Vinod Thakur,
learned Additional Advocate General and Mr. Vikrant Thakur,
Advocate, appear and waive service of notice on behalf of the
respective respondents. They pray for and are granted four
weeks' time to file reply. List on 28.9.2021.
CMP No. 9846/2021
Heard. The promotion, if any, shall abide by the
final outcome of the writ petition. Application stands disposed
of.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.8.2021 (pankaj)
CWP No. 4763/2021
24.8.2021 Present: Mr. Umesh Kanwar, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
to 3.
CWP No. 4763/2021 & CMP No. 9812/2021
Notice. Mr. Vinod Thakur, learned Additional
r to Advocate General appears and waives service of notice on
behalf of the respondents. Issue dasti notice to respondent
No.4, returnable for 21.9.2021, on taking steps within two
days.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.8.2021 (pankaj)
CWP No. 4754/2021
24.8.2021 Present: Mr. A.K. Gupta, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents.
Learned counsel for the petitioner states that the
issue in question is squarely covered by judgment rendered by
this Court in CWP No. 3544/2 019, titled as State of H.P. &
anr. vs. Surendera Sharma & ors., dated 6.11.2020 (Annexure
P-3).
Confronted with this, learned Additional Advocate
General prays for and is granted four weeks' time to file
reply/obtain instructions.
List on 21.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.8.2021 (pankaj)
CWP No.3744/2019
23.8.2021 Present: Mr. Praveen Thakur, Advocate, for the petitioners.
.
Ms. Shubh Mahajan, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. S. P. Singh, ADGP (SV &ACB), Shimla and Dr.
Monika Bhutunguru, S.P. Shimla.
In compliance to the previous order, Mr. S. P.
Singh, ADGP (SV &ACB), Shimla and Dr. Monika Bhutunguru,
S.P. Shimla are present in person and have tendered their
unconditional apology for having not filed the reply within the
time granted by this Court and explained the circumstances
which prevented them to file the reply. As prayed for, reply be
filed within two weeks. Personal presence of the aforesaid
Officers is dispensed with. List on 6.9.2021.
CMP No. /2021
Be registered. Application as prayed for is allowed
and personal presence of respondent No.1 for the time being is
dispensed with.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 23.8.2021 (pankaj)
CWP No. 4745/2021
23.8.2021 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
CWP No. 4745/2021 & CMP No.9783/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. Reply be filed before the next date of
hearing. List on 4.9.2021 along with connected matters. In the
meanwhile, impugned order of recovery dated 13.7.2021
(Annexure P/9) qua the petitioner is ordered to be stayed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 23.8.2021 (pankaj)
CWP No. 4742/2021
23.8.2021 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
CWP No. 4742/2021 & CMP No.9779/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General appears and waives service of notice on
behalf of the respondents. Reply be filed before the next date of
hearing. List on 4.9.2021 along with connected matters. In the
meanwhile, impugned order of recovery dated 13.7.2021
(Annexure P/9) qua the petitioner is ordered to be stayed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 23.8.2021 (pankaj)
CWP No. 4404/2021
18.8.2021 Present: Mr. Ajit Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Why the petitioner is not being settled down is not
forthcoming in the reply. We observe so because initially vide
order dated 27.4.2021, the petitioner was temporarily adjusted
from Range Office Jari, Range under Paravati Forest Division at
Shamshi to Sainj Beat of Sainj Range under Seraj Forest
Division at Banjar. Thereafter, within three months, the
petitioner has again been temporarily adjusted from Sainj Beat
of Sainj Range under Seraj Forest Division to Banjar Range,
Seraj Forest Division at Banjar Range. Learned Additional
Advocate General prays for and is granted one week's time to
obtain instructions.
List on 27.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
CWP No. 4426/2021
18.8.2021 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Vikrant Thakur, Advocate, for the respondents.
Learned counsel for the respondents has placed on
record certain instructions.
List on 23.8.2021. Interim order to continue.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
Ex. P. No. 77/2019
18.8.2021 Present: Mr. Onkar Jairath, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
On the joint request of learned counsel for the
parties, list on 25.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 18.8.2021 (pankaj)
CWP No. 1648/2018 a/w CWP No.63/2019
CWP No. 1648/2018
.
18.8.2021 Present: Mr. Abhimanyu Rathour, Advocate, for the
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur,
Dy.A.G. for the respondents-State. Mr. Amit Singh Chandel, Advocate, for respondent No.6.
Mr. Tara Singh Chauhan, Advocate, for respondent No.8.
Mr. Rajesh Kashyap, Advocate, for respondent No.9.
CWP No. 63/2019
Mr. Rajesh Kashyap, Advocate, for the petitioner. Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.G. for the respondents-State. Mr. Amit Singh Chandel, Advocate, for respondent
No.4.
Mr. Shaurya Sharma, Advocate, for respondent No.5.
Mr. Vinod Thakur, learned Additional Advocate
General, states that the reply on behalf of respondents-State is
being filed during the course of the day.
As regards remaining respondents, reply be filed
within two weeks, failing which their right to file the same shall
be deemed to be closed.
List on 8.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
CWP No. 4588/2020
18.8.2021 Present: Mr. Rajesh Kumar, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.G. for the respondents-State.
Mr. C. N.Singh, Advocate, for respondent No.5.
This Court on 5.4.2021 passed the following order:
"This court, vide order dated 5.4.2021, appointed Mr.
Surinder Maltu, Additional Director-cum-Joint Secretary (Panchayati Raj) to investigate the matter and submit his report.
In compliance to aforesaid order, Mr. Surinder Maltu has
filed his report, however the conclusions drawn by him are not very explicit and clear in the inquiry report. Therefore, we direct Mr. Surinder Maltu to give explicit
and clear conclusions within a period of two weeks. List on 18.8.2021."
Learned Additional Advocate General has placed
on record instructions dated 13.8.2021 accompanied by
conclusions of the inquiry report.
Learned counsel for the parties pray for and
granted one week's time to address the arguments.
List on 25.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
CWPOA No. 5379/2020
18.8.2021 Present: Petitioner in person.
.
Mr. Amit Singh Chandel, Advocate, for respondent No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.G. for respondent No.2.
Costs of Rs.10,000/- stand paid to the petitioner.
the petitioner.
r to Reply has been filed and a copy thereof has been supplied to
The petitioner prays for and is granted two weeks'
time to file rejoinder.
List on 2.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 18.8.2021 (pankaj)
CWPOA No.7113/2020
18.8.2021 Present: Ms. Kanta Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.Bhupinder Thakur, Dy.A.G. for the respondents.
It is rather surprising, if not shocked, that despite
the respondents being put to formal notice on 1.7.2019, reply,
for over a period of two years, has not been filed by them,
although the case was listed before this Court on 16.12.2020,
6.1.2021, 5.3.2021 and 26.3.2021 and on each occasion, the
respondents prayed for and were granted time to file reply.
In such circumstances, even though there is no
justification for granting further time to file reply, however as a
matter of sheer indulgence and by way of last opportunity,
subject to costs of Rs.10,000/-, to be paid to the petitioner,
four weeks' further time is granted to do the needful. The costs
initially shall be paid by the respondent-Department and
thereafter shall be recovered from the erring officials/officers,
whether serving or retired and report compliance to this effect
on 28.2.2022.
List on 15.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
FAO (FC) No. 29/2021
18.8.2021 Present: Mr. Ramakant Sharma, Advocate, for the
.
appellant.
Notice issued to the sole respondent is stated to be
awaited. However, being actual date, the same cannot be
awaited any further. Therefore, fresh notice be issued to the
respondent, returnable for 22.9.2021, on taking steps within
two days.
r to (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 18.8.2021 (pankaj)
CWP No. 1369/2021
18.8.2021 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner.
.
Mr. Bhim Singh, Advocate, vice counsel for the respondents.
The record reveals that though the work for
reconditioning/replacement of 11 KV HT line with AB Cable
from K/ghat to V/ghat at 11 KV Sarahan Feeder (Near
Gurduwara) under Electrical Sub Division No-II, HPSEBL
Solan has been awarded on 25.7.2020, i.e. more than one year
back, yet the transmission line has not been shifted in terms of
the award. Therefore, let needful be done within one week
failing which respondent No.2-Managing Director, HPSEBL
shall personally remain present before this Court on the next
date of hearing.
List on 27.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 18.8.2021 (pankaj)
CWP No. 3711/2021 along with CWP Nos. 2067/2019, 4342/2019, 4556/2020, 6322/2020, 3770/2021 & 3772/2021
.
16.8.2021 Present: Mr. Vijay Chauhdary, Mr. Anup K. Rattan & Mr. Tara Singh Chauhan, Advocates, for the respective petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Rahul, Advocate, vice Mr. Maan Singh, Advocate, for respondent-H.P. State Pollution Control Board.
Mr. Balram Sharma, ASGI, for Union of India.
CWP Nos. 3711/2021, 3770/2021 & 3772/2021
& 4556/2020, 6322/2020
The writ petitions are disposed of vide separate
order of the day.
CWP No. 2067/2019 & 4342/2019
De-linked. List on 6.9.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 16.8.2021 (pankaj)
FAO No.6/2019
16.8.2021 Present: Mr. Surinder Saklani, Advocate, for the appellant.
.
Ms. Anjali Soni Verma, Advocate, for the respondent.
In the earlier part of the day, learned counsel for
the respondent had made grievance that the appellant is not
paying any amount towards maintenance charges. Confronted
with this, learned counsel for the appellant was granted some
time to obtain instructions.
Now, learned counsel for the appellant, on
instruction from his client, states that it is only for want of
bank account that the appellant is not paying the amount in
question.
Learned counsel for the respondent undertakes to
supply the bank account of her client during the course of the
day.
Let arrears of maintenance be transmitted to the
bank account by the appellant within one week.
List for consideration on 6.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 16.8.2021 (pankaj)
FAO No. 22/2021
16.8.2021 Present: None for the appellant.
.
Mr. Ashok Kumar Verma, Advocate, for the respondent.
Mr. Nitin Thakur, Advocate, states that the
appellant has taken away the brief on the pretext of engaging
another counsel. His statement is taken on record.
There is no appearance on behalf of the appellant
despite ther matter having been called out repeatedly.
Therefore, this Court is left with no other option, but to dismiss
the appeal in default. Ordered accordingly.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
16.8.2021 (pankaj)
CWP No. 2610/2021
13.8.2021 Present: Mr. Dilip Sharma, Sr. Advocate with Mr. Manish
.
Sharma, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents.
Learned Additional Advocate General prays for and
is granted two weeks' time to place on record additional
documents on or before the next date of hearing.
List on 26.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 13.8.2021 (pankaj)
CWP No. 3928/2021
13.8.2021 Present: Mr. Aditya Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
to 3.
It appears that notice has not been issued to
respondent No.4, who is a necessary and proper party.
Therefore, issue notice to the aforesaid respondent in terms of
Order 5 Rule 9-A CPC, returnable before the next date of
hearing, on taking steps during the course of the day.
List on 20.8.2021, when complete records of the
DO Notes that have been placed on record, be produced by the
official respondents.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
13.8.2021 (pankaj)
CWP No.1825/2019
13.8.2021 Present: Mr. B.C. Negi, Sr. Advocate with Mr. Nitin Thakur,
.
Advocate, for the petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents No. 1 and 2.
Mr. Ajay Sharma, Sr. Advocate with Mr. Amit Jamwal, Advocate, for respondent No.3.
Learned counsel for respondent No.3-Corporation,
on instructions, states that r cheques have been issued in
favour of the petitioners for first quarter. His statement is
taken on record.
Confronted with this, learned counsel for the
petitioners prays for and is granted four weeks' time to
ascertain this fact.
List on 17.9.2021. In the meanwhile, respondent
No.3-Corporation is directed to send proposal for financial
sanction, for every quarter, well in advance and not waiting till
the last date, to respondents No. 1 and 2.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 13.8.2021 (pankaj)
CWP No.4471/2021
13.8.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rajesh Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents No. 1 to 3.
Though, the official respondents have put in
appearance yet it is respondent No.4, who would be ultimately
affected by the outcome of this petition. Therefore, issue notice
to the aforesaid respondent in terms of Order 5 Rule 9-A CPC,
returnable for 20.8.2021, on taking steps during the course of
the day.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
13.8.2021 (pankaj)
CWP No. 3928/2021
13.8.2021 Present: Mr. Aditya Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
to 3.
It appears that notice has not been issued to
respondent No.4, who is a necessary and proper party.
Therefore, issue notice to the aforesaid respondent in terms of
Order 5 Rule 9-A CPC, returnable before the next date of
hearing, on taking steps during the course of the day.
List on 20.8.2021, when complete records of the
DO Notes that have been placed on record, be produced by the
official respondents.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
13.8.2021 (pankaj)
CWP No. 4277/2021
12.8.2021 Present: Mr. K. B. Khajuria, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents No. 1
to 3.
Mr. Prashant Sharma, Advocate, for respondent No.4.
Mr.
The instant petition has been listed under the
caption "Speaking to the Minutes".
It appears Mr. Prashant Sharma, Advocate, has
appeared on behalf of respondent No.4 on the date i.e.
9.8.2021 when arguments were heard and the judgment was
reserved in the instant case, however his presence was
inadvertently not marked in the zimini order dated 9.8.2021
and that is why his presence was also not marked in the
judgment, which was pronounced on 11.8.2021. Let the name
of Mr. Prashant Sharma, Advocate, be reflected in the zimini
order dated 9.8.2021 so also the judgment dated 11.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 12.8.2021 (pankaj)
CARB.A No. 6/2019
12.8.2021 Present: Mr. Deepak Bhasin, Advocate, for the appellant.
.
Mr. Raman Sethi, Advocate, for the respondent.
CARAP No.1/2021
Mr. Raman Sethi, Advocate, states that the
rejoinder is ready and would be filed during the course of the
day. His statement is taken on record.
r to CARAP No. 2/2021
The application is allowed as prayed for.
deposited amount be kept/treated as security till final decision The
of the main petition. The application stands disposed of.
CARB.A. No. 6/2019
List on 19.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
12.8.2021 (pankaj)
CWPOA No.6380/2020
12.8.2021 Present: Ms. Shalini Thakur, Advocate, for the petitioner.
.
Mr. Angrez Kapoor, Advocate, for the respondent.
CWPOA No. 6380/2020
It appears that the learned erstwhile Tribunal had
kept this matter on its docket only on account of pendency of
CWP No.161/2019. However, now that the aforesaid petition
instructions.
r to has been decided on 29.8.2019, let the petitioner obtain fresh
List on 13.8.2021.
CMP-T No. 219/2021
In view of the aforesaid order, the instant
application for early hearing of the main petition is rendered
infructuous and disposed of as such.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 12.8.2021 (pankaj)
CWP No. 4386/2021
11.8.2021 Present: Mr. Kr. Virender Singh, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondent- State.
CMP No. /2021
Be registered. The particulars of letter in question
are taken on record. Application stands disposed of.
CWP No. 4386/2021
List on 13.8.2021, when records leading to the
issuance of letter No. Secy./CM-17060/2017-VI-B-296121
dated 11.6.2021 be produced by the official respondents. Till
then, the parties are directed to maintain status quo.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 11.8.2021 (pankaj)
DSR No.1/2018 along with Cr.A. No.387/2018
9.8.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
.
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the appellant in DSR No. 1/2018 and for the respondent in Cr. A. No. 387/2018.
Mr. Prince Chauhan, Advocate, for the respondents in DSR No. 1/2018 and for the appellants in Cr. A. No. 387/2018.
List before another Bench, of which both of us are
not members, at the pleasure of Hon'ble the Acting Chief
Justice.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
9.8.2021 (pankaj)
CWP No. 4356/2020
4.8.2021 Present: Mr. V.B. Verma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-
State.
Mr. N. K. Gupta, Advocate, for respondents No.2 and 3.
Mr. P.P. Chauhan, Advocate, for respondents No. 4 to 6.
Mr. J. S. Bhogal, Sr. Advocate with Ms. Srishti Thakur, Advocate, for respondent No.7.
On 26.7.2021, this Court passed the following
order:
Respondents No. 4 to 6 have filed separate reply wherein, in para 1 of the preliminary objections reads as under:
That no fundamental or constitutional right whatsoever of the petitioner has been infringed and as such the writ
petition is not maintainable. Notwithstanding, it is most humbly submitted that the respondent MC had already
sanctioned MC Road From Gurucharan House near Green House RA 0/0 to 0/050 ( SH:C/ o R/Wall at RD
0/0 to 0/025 ) in Ward No.3 vide letter dated 15.12.2018 ( Annexure R/41) and in case the directions are issued to the respondent MC to execute the said work, the problem being posed by the petitioner will be automatically solved. So far as sewerage related issue is concerned , in this regard all residents of the Hari Cottage had already represented to the Commissioner of the respondent MC on 23.07.2020 ( Annexure R/42 ) and no action in this regard has been taken till date."
Confronted with this, learned Standing Counsel for Municipal Corporation, prays for and is granted two days' time to seek instructions.
List on 04.08.2021.
2 Mr. Naresh K. Gupta, Advocate, states that the
respondent-Municipal Corporation, Shimla is ready and willing
.
to execute the work in question and it is only because of the
hindrances created by the persons residing in the locality that
the work is not being executed.
3 In this view of the matter, we direct respondent-
Municipal Corporation to execute the work in question and in
case any person has any grievance, he/she is at liberty to
approach this Court for redressal of grievance(s). However,
under any circumstances, would there be no hindrance(s) in
the execution of the work. The Municipal Corporation is at
liberty to approach the Superintendent of Police, Shimla in
case the police assistance is required.
4 Needless to say that the execution of the work
would be undertaken after carrying out necessary demarcation
so that there is no damage or obstruction caused to the private
properties in question.
5 Since the work in question has commenced in the
year 2018, it is expected that the work shall be executed as
expeditiously as possible and in no event later than
31.12.2021.
For compliance to come up on 5.1.2022.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 4.8.2021 (pankaj)
.
CWP No. 4588/2020
4.8.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rajesh Kumar, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondent- State.
Mr. C. N. Singh, Advocate, for respondent No.5.
This court, vide order dated 5.4.2021, appointed
Mr. Surinder Maltu, Additional Director-cum-Joint Secretary
(Panchayati Raj) to investigate the matter and submit his
report. In compliance to aforesaid order, Mr.
Surinder Maltu has filed his report, however the conclusions
drawn by him are not very explicit and clear in the inquiry
report. Therefore, we direct Mr. Surinder Maltu to give explicit
and clear conclusions within a period of two weeks.
List on 18.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 4.8.2021 (pankaj)
CWP No. 4741/2020
4.8.2021 Present: Mr. Suneet Goel, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-
State.
Even though the respondents have filed their reply,
however we are not at all satisfied with the contents thereof as
the respondents have not clearly stated as to why the petitioner
is being made rolling stone; even though at the same station.
Therefore, supplementary affidavit be filed by the respondents
explaining this position within four weeks
List on 1.9.2021. Interim order to continue.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 4.8.2021
(pankaj)
CWP No.193/2021
4.8.2021 Present: Mr. Deepak Kaushal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Maan Singh, Advocate, for respondent No.5. Mr. B. C. Negi, Sr. Advcoate with Mr. Nitin Thakur, Advocate, for respondent No.12.
Learned Deputy Advocate General prays for and is
granted one week's time to file reply on behalf of respondent
No.6. List on 11.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 4.8.2021
(pankaj)
CWP No. 3681/2021
4.8.2021 Present: Mr. Rajinder Thakur, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the
respondents- State.
CWP No. 3681/2021
Learned Sr. Additional Advocate General has
placed on record certain instructions, however we are not at all
inclined to consider the instructions, as these are not
supported by an affidavit. Let a formal reply duly supported by
an affidavit be filed within one week. List on 11.8.2021.
CMP No. 7096/2021
Heard. The promotion to the post in question, if
any made, shall be abide by the final outcome of the writ
petition. Application stands disposed of
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 4.8.2021 (pankaj)
CWP No. 3686/2021
4.8.2021 Present: Mr. Surender Saklani, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-
State.
Learned counsel for the petitioner states that the
private respondent has further been adjusted at GPS Baroti,
order dated 30.7.2021.
r to Education Block, Sundernagar-I, District Mandi, H.P. vide
Confronted with this, learned Deputy Advocate
General prays for and is granted one week's time to obtain
instructions. List on 11.8.2021. Interim order to continue.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 4.8.2021
(pankaj)
CWP No. 3516/2020
3.8.2021 Present: Mr. Subhash Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondent-
State.
Mr. Surender Verma, Advocate, for respondent No.2.
On the request of learned counsel for the
r to
petitioner, list on 10.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021
(pankaj)
CWP No. 4031/2020
3.8.2021 Present: Mr. Dinesh K. Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned Deputy Advocate General prays for and is
granted three weeks' time to file reply on behalf of respondents
No. 4 and 5.
List on 31.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021
(pankaj)
CWP No. 4032/2020
3.8.2021 Present: Mr. Dinesh K. Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned Deputy Advocate General prays for and is
granted three weeks' time to file reply on behalf of respondents
No. 4 and 5.
List on 31.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021
(pankaj)
CWP No. 4283/2020
3.8.2021 Present: Mr. Naresh K. Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
On the request of learned Deputy Advocate
General, list on 10.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021 (pankaj)
CWP No. 4309/2020
3.8.2021 Present: Mr. Vijender Katoch, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Rohit Sharma, Advocate, for respondents No. 4 to 6.
Mr. Janesh Mahajan, Advocate, for respondent No.8.
Admit. List for hearing on 24.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021 (pankaj)
CWPOA No. 4353/2020
3.8.2021 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Steps for service of respondent No.3 have not been
taken. The same be taken within two days. Thereafter, issue
notice to the aforesaid respondent returnable for 14.9.2021.
Rejoinder, if any, in the meanwhile.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021
(pankaj)
CWP No. 4705/2020
3.8.2021 Present: Mr. Atul G. Sood, Advocate, for the petitioner.
.
Mr. Neel Kamal Sharma, Advocate, for respondent No.1.
The rejoinder is stated to be filed on 30.7.2021.
However, the same is not on record. Learned counsel for the
petitioner to follow up with the registry.
List on 10.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021 (pankaj)
CWP No. 4933/2020
3.8.2021 Present: Mr. Dhananjay Sharma, Advocate, for the
.
petitioners.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the
respondents- State.
have not been taken. The same be taken within two day.
Thereafter, issue notice to the aforesaid respondents
returnable for 31.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 3.8.2021
(pankaj)
CWP No. 1076/2021 a/w COPC No. 78/2021
3.8.2021 Present: Mr. Ajay Sood, Sr. Advocate with Mr. Gautam
.
Sood, Advocate, for the petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Amit Singh Chandel, Advocate, for respondent No.2.
Mr. Naresh K. Gupta, Advocate, for respondent
No.3.
Mr. R. K. Bawa, Sr. Advocate with Mr. Ajay K. Sharma, Advocate, for respondent No.5.
On the joint request of learned counsel for the
parties, list on 10.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
3.8.2021 (pankaj)
CWP No. 2528/2020
2.8.2021 Present: Mr. Vijay Chaudhary, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Heard in part. For continuity, list on 16.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 2.8.2021 (pankaj)
CWP No. 4154/2020
2.8.2021 Present: Mr. Subham Sood, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Admit. List for hearing on 4.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 2.8.2021 (pankaj)
FAO No. 22/2021
2.8.2021 Present: Mr. Nitin Thakur, Advocate, for the appellant.
.
Mr. Ashok Kumar Verma, Advocate, for the respondent.
Learned counsel for the petitioner, on instructions,
states that the petitioner has assailed the order dated
16.6.2021 before the Hon'ble Supreme Court, whereby he was
directed to deposit a sum of Rs. 2 lacs before the registry of
this Court and to continue to pay Rs.10,000/- per month to
the respondent.
Since there is no order of stay passed by the
Hon'ble Supreme Court, therefore, the mere fact the appellant
may have filed an SLP cannot be a ground not to deposit the
amount in question.
In this view of the matter, we restrain the
Executive Engineer, HPPWD Barsar Division from releasing
salary of the petitioner till further orders.
List on 16.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.8.2021 (pankaj)
CWP No. 352/2018
2.8.2021 Present: Mr. T. S. Chauhan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Ashwani Dhiman, Advocate, for respondents No. 4 and 5.
Mr. Malay Kaushal, Advocate, for respondents No. 6 and 7.
On the joint request of learned counsel for the
parties, list on 4.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 2.8.2021 (pankaj)
CWP No. 856/2018
2.8.2021 Present: Ms. Meera Devi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned Additional Advocate General has placed
on record instructions dated 23.7.2021, however, the same are
not accompanied with copy of field report, which is stated to be
annexed as Annexure A-1. Needful be done before the next date
of hearing. A copy of the complete instructions be supplied to
the learned counsel for the petitioner during the course of the
day.
List on 4.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge
2.8.2021 (pankaj)
CWP No. 1558/2018 2.8.2021 Present: Mr. Balwant Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Learned Additional Advocate General prays for and
is granted two weeks' time to obtain instructions.
List on 16.8.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
2.8.2021
(pankaj)
CWP No. 1580/2019
2.8.2021 Present: Mr. Virender Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Mehar Chand, Advocate, for respondent No.3. Ms. Devyani Sharma, Advocate, for respondent No.5.
Learned counsel for the petitioner states that the
necessary rejoinder is ready, however the same could not be
filed for want of signatures of the petitioner. As prayed for, by
way of last opportunity, three weeks' further time is granted to
the petitioner to do the needful.
List on 23.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 2.8.2021
(pankaj)
CWP No. 3953/2019 a/w CWPOA Nos. 2558, 3053, 3064 and 3568/2019
.
2.8.2021 Present: Mr. Ashish Verma, Mr Vishwa Bhushan, Mr. Ajay
Chauhan, Mr. Rupinder Singh and Mr. Naresh Verma, Advocates, for the respective petitioners.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Ashish Verma, Advocate, states that the
rejoinder has been filed on 16.7.2021. However, the same is
not on record. Learned counsel to follow up with the registry.
List on 9.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
2.8.2021 (pankaj)
CWPOA No. 7944/2019
2.8.2021 Present: Mr. Atul, Advocate, vice counsel for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
On the request of learned vice counsel for the
petitioner, list on 9.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 2.8.2021 (pankaj)
FAO (FC) No. 17/2020
2.8.2021 Present: Mr. Goldy Kumar, Advocate, for the appellant.
.
None for the respondent.
It appears that even though, the respondent has
been served, however he has not chosen to appear before this
Court. The instant case is a matrimonial dispute, therefore, it
is incumbent upon this Court to make an endeavour for
amicable settlement. Therefore, let both the parties remain
present before this Court on the next date of hearing. The
respondent is directed to be served through the Deputy
Director, Animal Husbandry, Kangra, at Dharamshala, as the
respondent is stated to the working at the following address:-
Sunil Kumar, son of Sh. Dhani Ram, Veterinary Pharmacist,
Vterrinary Hospital, Kangra, Old Mission Road, Near IPH Office,
District Kangra, H.P.
List on 6.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.8.2021 (pankaj)
LPA No. 72/2020
2.8.2021 Present: Mr. Romesh Verma, Advocate, for the appellant.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Shashi Shirshoo, CGSC, for respondent No.4.
List along with LPA Nos. 30, 31 and 32/2020.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
2.8.2021
(pankaj)
CWP No. 1299/2020
2.8.2021 Present: None for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Mukul Sood, Advocate, for respondents No. 4 and 5.
Mr. Digvijay Singh, Advocate, states that he is no
longer counsel for the petitioner in this case as his client has
taken away the file. His statement is taken on record.
List on 9.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.8.2021
(pankaj)
CWP No.3709/2020
2.8.2021 Present: Ms. Parul Negi, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Naresh K. Gupta, Advocate, for respondent No.2.
Respondent No.2 is yet to file its reply. As a
matter of sheer indulgence and by way of last opportunity, one
week's time is granted to file the reply, failing which right to file
same shall be deemed to be closed.
List on 9.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
2.8.2021 (pankaj)
CWPOA No. 4210/2020
2.8.2021 Present: Mr. Shubham Sood, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Admit. List for hearing after six weeks.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 2.8.2021 (pankaj)
CWP No. 5407/2020
2.8.2021 Present: Mr. Romesh Verma, Advocate, for the petitioner.
.
Mr. Bharat Barowalia, Advocate, for respondent
No.1.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Raj Kumar Negi, Advocate, for respondents No. 4, 5 and 6.
Reply on behalf of appearing respondents, as
prayed for, be filed within four weeks.
List on 6.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.8.2021
(pankaj)
CWP No. 5494/2020
2.8.2021 Present: Mr. Devnder K. Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Reply on behalf of the respondents is stated to be
lying under objections. The same be removed before the next
date of hearing. Rejoinder be filed within four weeks.
List on 6.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 2.8.2021 (pankaj)
CWPOA No. 6108/2020
2.8.2021 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned counsel for the parties jointly pray for and
are granted one week's time to supply list of similar matters.
r to
List on 9.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
2.8.2021
(pankaj)
CWP No. 6285/2020
2.8.2021 Present: Mr. Dinesh Bhanot, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Despite ample opportunities having been granted
to file the reply, the respondents have failed to do so. As a
the respondents
matter of sheer indulgence and by way of last opportunity, one
week's further time is granted to file the reply, failing which all
shall personally appear before this Court
along with records on the next date of hearing.
List on 9.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 2.8.2021
(pankaj)
CWPs No. 4042/2021 & 3905/2021
CWP No. 4042/2021
.
28.7.2021 Present: Mr. Munish Datwalia, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Daleep Singh Kaith, Advocate, for respondent No.3.
CWP No. 3905/2021 Mr. Daleep Singh Kaith, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra,
Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. R.L. Chaudhary, Advocate, for respondent No.4.
Reply on behalf of respondent No.4 is stated to
have been filed in CWP No. 3905/2021, however the same is
not on record. Registry to trace and place the reply on record.
List on 4.8.2021, when records of CWP No.
2621/2020 be also made available for perusal of this Court.
Interim order(s) to continue.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.7.2021 (pankaj)
CWPs No.3926 & 3797/2021
CWP No. 3926/2021
.
28.7.2021 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Mr. Rakesh K. Dogra, Advocate, for respondent No.4.
CWP No. 3797/2021
Mr. Tara Singh Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu
Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents- State.
It appears that somewhat identical issues have
already been considered and decided by learned Single Judge
of this court (Justice Vivek Singh Thakur). Therefore, it would
be appropriate if these cases are listed before the same Bench.
Registry is directed to place the matter before
Hon'ble the Acting Chief Justice.
Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.7.2021 (pankaj)
CWP No.3928/2021
28.7.2021 Present: Mr. Aditya Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned counsel for the petitioner prays for and is
granted one week's time to file rejoinder. List on 4.8.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.7.2021
(pankaj)
CWP No.3931/2021
28.7.2021 Present: Mr. Anup Rattan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Learned Additional Advocate General prays for and
is granted two weeks' time to file reply.
r to
List on 18.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
28.7.2021
(pankaj)
CWP No.4054/2021
28.7.2021 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. A.K. Vashista, Advocate, for respondent No.4.
Mr. Vinod Thakur, Advocate, prays for and is
granted two weeks' time to file reply/produce records.
List on 11.8.2021. Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 28.7.2021 (pankaj)
CWP No. 3802/2021
27.7.2021 Present: Mr. Adarsh K. Vashista, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondents- State.
Learned Additional Advocate General has placed
on record instructions dated 22.7.2021. However, before
proceeding further on the basis of such instructions, let a copy
thereof be supplied to the learned counsel for the petitioner
during the course of the day.
List on 28.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
27.7.2021 (pankaj)
CWP No. 4107/2021
27.7.2021 Present: Mr. Ajay Sharma, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents.
(Through Video Conferencing) CMP No. 8281/2021
Allowed and disposed of.
CWP No. 4107/2021 & CMP No. 8282/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of the respondents. He prays for and is granted two
weeks' time to file reply. List on 10.8.2021. In the meanwhile,
the respondents are restrained from effecting recovery from the
petitioner.
CMP No. 8283/2021
The application is disposed of with a direction to
the applicant to file English translation of documents in
question within two weeks.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 27.7.2021 (pankaj)
CWP No. 3238/2019, 3466, 3467, 3468, 3905, 3908, 3911, 3913, 3914, 3915, 3921, 3922, 3927, 3932, 3933/2019, CWP No. 1423/2020 &
.
CWPOA No. 5998/2020
26.7.2021 Present: Mr. Ajay Vaidya, Sr. Addl. A.G. for the petitioner(s), in all the petitions, except CWP No. 1423/2020 & CWPOA No. 5998/2020 and for the respondents- State in CWP No. 1423/2020 &
CWPOA No. 5998/2020.
Mr. Yogesh Kumar Chandel, Mr. Naresh Kaul, Mr. Rakesh Kumar Dogra, Mr. Vinod Chauhan, Mr. Surinder Parkash Sharma, Mr. Devnder K.
Sharma, Mr. Pawan Kumar Sharma and Mr. Surender Verma, Advocates, for the respective respondents.
Ms. Suman Thakur, Advocate, for the petitioner in
CWP No. 1423/2020.
Mr. Vishwa Bhushan, Advocate, vice Mr. Madan
Thakur, Advocate, for the petitioner in CWPOA No.5998/2020.
After arguing for sometime, Ms. Suman Thakur
and Mr. Vishwa Bhushan, Advocates, pray for and are granted
an adjournment. List on 28.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 26.7.2021 (pankaj)
CWP No. 3820/2021
26.7.2021 Present: Mr. Anup Rattan, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondent No.8.
Notices issued for service of respondents No. 6 and
7 are stated to be awaited, however, being actual date, the
same cannot be awaited any further. Therefore, in the given
circumstances, we direct respondent No.8-Station House
Officer, Police Station Nangal Bhoor, District Pathankot,
Punjab to produce or cause production, in civil dress, of
respondents No. 6 and 7 before this Court on the next date of
hearing.
List on 9.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
26.7.2021 (pankaj)
CWP No. 4074/2021
26.7.2021 Present: Mr. Naresh K. Sharma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for respondents No. 1 and 2.
(Through Video Conferencing)
CMP No. 8167/2021
Allowed and disposed of.
CWP No. 4074/2021 & CMP No. 8168/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of respondents No. 1 and 2. Issue notice to respondents
No. 3 and 4 returnable for 6.9.2021, on taking steps within two
days. In the meanwhile, impugned order of transfer dated
23.7.2021 is ordered to be stayed.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 26.7.2021 (pankaj)
CWP No. 4054/2021
26.7.2021 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for respondents-State.
Mr. A. K. Vashshista, Advocate, for respondent No.4.
(Through Video Conferencing)
CMP No. 8143/2021
Allowed and disposed of.
CWP No. 4054/2021 & CMP No. 8144/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General and Mr. A. K. Vashishta, Advocate, appear
and waive service of notice on behalf of the respective
respondents. They pray for and are granted two days' time to
file reply. List on 28.7.2021. In the meanwhile, status quo be
maintained.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 26.7.2021 (pankaj)
CWP No. 3096/2021
24.7.2021 Present: Mr. Sunil K. Kaundal, Advocate, for the petitioners.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for respondents No. 1 and 2.
(Through Video Conferencing)
As prayed for, list on 26.7.2021.
(Tarlok Singh Chauhan)
Judge
r (Satyen Vaidya)
Judge
24.7.2021
(pankaj)
CWP No. 3338/2020 with CWPs No.2703 & 4239/2020
CWP No. 3338/2020
.
24.7.2021 Present: Mr. Arvind Sharma, Advocate, for the petitioner.
Mr. Lokinder Pal Thakur, Sr. Panel Counsel, for respondent No.1.
Mr. K. D. Sood, Sr. Advocate with Mr. Het Ram,
Advocate, for respondents No. 2 and 3. CWP No. 2703/2020 Mr. Ramakant Sharma, Advocate, for the petitioner.
Mr. Lokinder Pal Thakur, Sr. Panel Counsel, for
respondent No.1.
Mr. K. D. Sood, Sr. Advocate with Mr. Het Ram, Advocate, for respondents No. 2 and 3. Mr. Vishal Panwar, Advocate, for respondent No.4.
CWP No. 4239/2020 Mr. Ajay Sharma, Sr. Advocate with Ms. Aanadita
Sharma, Advocate, for the petitioner. Mr. Lokinder Pal Thakur, Sr. Panel Counsel, for respondent No.1.
Mr. K. D. Sood, Sr. Advocate with Mr. Het Ram,
Advocate, for respondents No. 2 and 3. Mr. Vishal Panwar, Advocate, for respondents No.4 and 5.
Heard in part. For continuity, list on 26.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.7.2021 (pankaj)
CWP No. 3174/2021
24.7.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr.
.
Rakesh Chauhan, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr.
Bhupinder Thakur, Dy.A.G. for the respondent- State.
Mr. Kush Sharma, Advocate, for respondent No.2.
(Through Video Conferencing)
On the request of learned counsel for respondent
No.2, list on 26.7.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
24.7.2021
(pankaj)
CWP No. 3713/2021
24.7.2021 Present: Ms. Salochana Rana, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Vivek Singh Attri & Mr. Abhinav Purohit, Advocates, for respondent No.5.
(Through Video Conferencing)
On the request of learned counsel for the
petitioner, list on 27.7.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
24.7.2021
(pankaj)
CWP No. 3902/2021
24.7.2021 Present: Mr. Nitin Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Sushant Vir Singh, Advocate, for respondent No.3.
(Through Video Conferencing)
Heard in part. For continuity, list on 27.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 24.7.2021 (pankaj)
CWP No. 4051/2021
24.7.2021 Present: Mr. Saurav Rattan, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents
No. 1 to 4.
(Through Video Conferencing) CMP No. 8134/2021
Allowed and disposed of.
CWP No. 4051/2021 & CMP No. 8135/2021
Notice. Mr. Vinod Thakur, learned Additional
Advocate General, appears and waives service of notice on
behalf of respondents No. 1 to 4. Issue notice to respondents
No. 5 and 6 under Order 5 Rule 9A CPC, returnable for
4.8.2021, on taking steps within three days. In the meanwhile,
impugned transfer order dated 15.7.2021/20.7.2021
(Annexure P-1) qua the petitioner is ordered to be stayed.
Copy dasti.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.7.2021 (pankaj)
CWP No. 193/2021
24.7.2021 Present: Mr. Deepak Kaushal, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
Mr. Maan Singh, Advocate, for respondent No.5. Mr. B.C.Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for respondent No.12.
(Through Video Conferencing) It appears that the pleadings are still not complete
in this case. Needful be done within two weeks, failing which
no further time shall be granted to any of the parties to file
reply.
As regards rejoinder(s), prayer, if any, shall be
considered on the next date of hearing.
List on 4.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 24.7.2021 (pankaj)
CWP No. 4242/2020
24.7.2021 Present: Mr. Vikas Rajput, Advocate, for the petitioners.
.
Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., and Mr. Bhupinder Thakur, Dy.A.G. for the respondents-
State.
(Through Video Conferencing)
Mr. Rajinder Dogra, learned Sr. Addl. A.G. has
placed on record certain instructions, which are not at all
legible. Let legible copy thereof be submitted to the Court on
the next date of hearing.
Learned Sr. Addl. A.G., on instructions, states that
decision in Narain Singh's case (Annexure P-6) will be
implemented across the board without there being any
discrimination and even the petitioners, who have been left
out, shall be given benefit of the judgment in case they are
found to be eligible and their cases are covered by the aforesaid
judgment, well before the next date of hearing.
List on 16.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.7.2021 (pankaj)
CWPOA No. 1872/2020
24.7.2021 Present: Mr. Anil Bansal, Advocate, for the petitioner.
.
Mr. Ajay Vaidya, Sr. Addl. A.G. for the respondents- State.
Mr. Angrez Kapoor, Advocate, for respondent No.2.
(Through Video Conferencing)
Reply filed on behalf of respondent No.2 in the
open Court is taken on record. Learned counsel for the
respondents jointly state that the issue in question is no longer
res integra in view of the judgment rendered by learned Single
Judge of this Court in CWPOA No.19/2019, titled as Sudha
Batta vs. Himachal Pradesh Staff Selection Commission &
ors. Dated 2.11.2020.
Confronted with this, learned counsel for the
petitioner prays for and is granted two days' time to obtain
instructions.
List on 27.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 24.7.2021 (pankaj)
CWP No. 1606/2020
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
Mr. Rahul Gathania, Advocate, proxy counsel, for respondent No.3 to 49.
(Through Video Conferencing)
Learned Additional Advocate General prays for and
is granted one week's time to obtain instructions. List on
27.7.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 20.7.2021
(pankaj)
CWP No. 1790/2020
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
List on 27.7.2021. Rejoinder, if any, in the
r to meanwhile. Interim order to continue.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge 20.7.2021 (pankaj)
LPA No.46/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
appellants.
Mr. Rahul Gathania, Advocate, proxy counsel, for respondents No. 1 to 3.
Mr. Shashi Shirshoo, CGSC, for respondent No.4.
Mr. Anshul Bansal, Advocate, for respondent No.7.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 27.7.2021.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
Judge
20.7.2021
(pankaj)
CWP No. 1076/2021 a/w COPC No. 78/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. Rahul Gathania, Advocate, proxy counsel, for respondent No.2.
Mr. Ashok Sharma, Sr. Advocate with Mr. Naresh K. Gupta, Advocate, for respondent No.3.
(Through Video Conferencing)
Supplementary affidavit on behalf of respondent
No.5 stands filed. List for consideration on 27.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 20.7.2021 (pankaj)
CWP No. 2253/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
Records produced. The same are ordered to be
retained. List on 24.7.2021.
(Tarlok Singh Chauhan)
r Judge
(Satyen Vaidya)
Judge
20.7.2021
(pankaj)
CWP No. 2493/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
Learned Deputy Advocate General prays for and is
granted one week's time to file reply. List on 27.7.2021.
Interim order to continue.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 20.7.2021 (pankaj)
CWP No. 2618/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
Learned Deputy Advocate General prays for and is
granted two weeks' time to file reply.
List on 3.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 20.7.2021 (pankaj)
CWP No. 2729/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
Notices to respondents No. 6 and 7 could not be
issued due to COVID-19. Therefore, let the notices be issued to
the aforesaid respondents, returnable for 17.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
20.7.2021 (pankaj)
CWP No. 2823/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
(Through Video Conferencing)
Status report/instructions, in terms of previous
order, stand(s) filed. List on 24.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 20.7.2021 (pankaj)
CWP No. 3162/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
Mr. Rahul Gathania, Advocate, proxy counsel, for respondent No.2.
(Through Video Conferencing)
order be complied with.
r to As prayed for, list on 24.7.2021, when previous
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 20.7.2021 (pankaj)
CWP No. 3430/2021
20.7.2021 Present: Mr. Maan Singh, Advocate, proxy counsel, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-
State.
Mr. Rahul Gathania, Advocate, proxy counsel, for respondent No.5.
Mr. Anubhav Chopra, Advocate, for respondents No. 12 to 14.
(Through Video Conferencing)
Reply on behalf of respondents-State is stated to
have been filed in the registry. The same be placed on record,
even if it is under objections. Reply on behalf of remaining
respondents be filed within three weeks.
List on 10.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
20.7.2021 (pankaj)
Cr. Appeal No. 270/2011
19.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur,
.
Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv
Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the appellant.
Ms. Sheetal Vyas, Advocate, for the respondent.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 4.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.7.2021
(pankaj)
Cr. Appeal No. 328/2011
19.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur,
.
Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv
Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the appellant.
Mr. Nimish Gupta, Advocate, for the respondent.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 4.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.7.2021
(pankaj)
ITA No. 10/2015
19.7.2021 Present: Mr. Vinay Kuthiala, Sr. Advocate with Mr. Diwan
.
Negi, Advocate, for the appellant.
Mr. Vishal Mohan, Advocate, for the respondent.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 4.9.2021.
(Tarlok Singh Chauhan)
r Judge
(Satyen Vaidya)
Judge
19.7.2021
(pankaj)
LPA Nos. 122 & 123/2008
19.7.2021 Present: Mr. G. D. Verma, Sr. Advocate with Mr. B. C.
.
Verma, Advocate, for the appellant(s).
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and
Mr. Bhupinder Thakur, Dy.A.Gs. for respondents- State.
Mr. Arjun Lal, Advocate, for respondents No. 2 to 4 and 5(a) to (f).
(Through Video Conferencing)
Arguments heard. Judgment reserved.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.7.2021
(pankaj)
CWP No. 3884/2021
19.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur,
.
Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv
Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. For the petitioners.
(Through Video Conferencing)
By medium of this petition, the petitioners-State
have sought to assail the award that was passed by the learned
Labour Court-cum-Industrial Tribunal, Kangra, at
Dharamshala, way back on 20.12.2017.
Even though, the petitioners-State have tried to
justify their inaction in not filing the petition within a
reasonable time in para 15 thereof, however, we are not at all
satisfied with the averments contained in para 15. The
petitioners-State have only tried to justify passing of the file
from one desk/department to another. Therefore, the instant
petition cannot be entertained.
Learned Advocate General prays for and is granted
four weeks' time to file a supplementary affidavit.
List on 16.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.7.2021 (pankaj)
CWP No. 856/2018
19.7.2021 Present: Mr. G. C. Gupta, Sr. Advocate with Ms. Meera
.
Devi, Advocate, for the petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and
Mr. Bhupinder Thakur, Dy.A.Gs. for respondents- State.
(Through Video Conferencing)
As per status report, dated, 9.11.2020, work of
laying down pipes for supply of potable water has been
completed and even testing of the line was done on
6.11.2020. It is also not in dispute that the petitioner has also
been provided with water connection. However, learned
counsel for the petitioner would argue that even though the
pipeline had been laid, but frequency of water is yet erratic and
for many days, there is no supply at all. More over, even water
tank that was constructed is leaking.
Let learned Advocate General obtain instructions
on the next date of hearing.
List on 26.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 19.7.2021 (pankaj)
CWP No.1002 of 2020 a/w CWPs N0.814,928,1031 to 1036 of 2020, 1049 to 1051 of 2020, 1069 to 1073 of 2020, 1076, 1077, 1081, 1090,
.
1156,1171,1172 and 1174 of 2020, 1183, 1184,
1204, 1234, 1239, 1267 to 1269 of 2020, 1316, 1317, 1321, 1392, 2078, 2150, 2153, 2176, 2177, 2197,2198, 2698, 3858, 3913, 4907,4956,4957,4967,5004,5017,5018,5022,5023,
5036,5040,5042,5043,5052 to 5055 of 2020, 5446, 5468, 5564, 5832 of 2020 and 3059 of 2021. 12.7.2021 Present: Mr. Ramakant Sharma, Mr. Rakesh K. Dogra, Mr.J.L.Bhardwaj, Mr. Vinay Sharma, Mr. Diwakar Dev Sharma, Mr. Sarthak Mehta, Mr. Vishwa
Bhushan, Mr. Vinod Chauhan, Ms. Megha Kapoor Gautam, Mr. Goldy Kumar, Mr. Surender Verma, Mr. Gambhir 0Singh, Mr. Mukul Sood, Ms. Suchitra Sen, Advocates, for the respective petitioner(s).
Mr. Ajay Vaidya, Senior Additional Advocate General,
for the respondent-State. Mr. Sanjeev Kumar, Mr. Angrez Kapoor, Mr. Dalip K. Sharma and Mr. Ajay Kumar Dhiman, Advocates
for the respective respondent(s). Mr. B. C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for respondents No.3 and 4 in CWPs No. 2078/2020, 2153/2020 & 2176/2020
(Through Video Conferencing)
CWPs No. 2078/2020, 2153/2020 & 2176/2020
De-listed. List on 14.7.2021.
CWP No.1002 of 2020 a/w CWPs N0.814,928,1031 to 1036 of 2020, 1049 to 1051 of 2020, 1069 to 1073 of 2020, 1076, 1077, 1081, 1090, 1156,1171,1172 and 1174 of 2020, 1183, 1184, 1204, 1234, 1239, 1267 to 1269 of 2020, 1316, 1317, 1321, 1392, 2150, 2177, 2197,2198,2698,3858,3913,4907,4956,4957,4967, 5004,5017,5018,5022,5023,5036,5040,5042,5043, 5052 to 5055 of 2020, 5446, 5468, 5564, 5832 of 2020 and 3059 of 2021.
On the joint request of learned counsel for the
parties, list on 14.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 12.7.2021 (pankaj)
.
CWP No. 2982/2019
12.7.2021 Present: Ms. Madhurika Verma, Advocate, for the
.
petitioner.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Manhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder
Thakur, Dy.A.Gs. for respondents-State.
(Through Video Conferencing)
Admit. List for hearing on 9.8.2021. Rejoinder, if
any, in the meanwhile.
(Tarlok Singh Chauhan)
r Judge
(Satyen Vaidya)
Judge
12.7.2021
(pankaj)
FAO (FC) No. 25/2021
12.7.2021 Present: Ms. Shalini Thakur, Advocate, for the appellant.
.
Mr. P. P. Chauhan, Advocate, for the respondent.
(Through Video Conferencing)
The parties are present in person and they are not
averse in making an endeavour to settle the matter amicably.
As jointly prayed for, Mr. S.C. Sharma, learned
Senior Advocate and a Trained Mediator of this Court is
appointed as Mediator to mediate between the parties. The
parties to appear before the learned Mediator at 1.30 P.M.
today i.e. 12.7.2021 at Mediation Centre, H.P. High Court.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
12.7.2021 (pankaj)
CWP No. 2159/2020
7.7.2021 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for respondents-State.
Ms. Devyani Sharma, Advocate, for respondent No.6.
(Through Video Conferencing)
Heard. We are prima facie of the considered view
that majority of these litigations, among the industrialists and
truck operators, are frequently coming up before this Court
only on account of non-fixation of freight charges.
One similar issue came up before this Court in
CWPs No. 777/2020 and 5422/2020, wherein, on the
directions of this Court, the Deputy Commissioner, Solan,
after inviting all the stake holders, fixed the freight charges,
that too with consent of all the stake holders.
Therefore, in the given facts and circumstances of
the case, we deem it proper to direct the Deputy
Commissioner, Una, to undertake similar exercise, after
associating all the stake holders, within eights weeks from
today. Ordered accordingly.
We make it absolutely clear that each of the stake
holders shall be free to voice his grievance(s) including fixation
of quota of trucks, if any.
List on 1.9.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya)
Judge 7.7.2021 (pankaj)
.
FAO No. 22/2021 6.7.2021 Present: Mr. Nitin Thakur, Advocate, for the appellant.
.
(Through Video Conferencing)
A sum of Rs. 10,000/- has been deposited,
however remaining amount of Rs. 2 lacs has not been
deposited.
It is noticed that the period to comply with the
order dated 16.6.2021 has not elapsed, therefore, list for
consideration on the date already fixed.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge
6.7.2021 (pankaj)
CWPOA No. 136/2020 6.7.2021 Present: Mr. Vikas Rajput, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur,
Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for respondents-State.
(Through Video Conferencing)
Despite the respondents having been put to notice
as far as back on 31.8.2016, they have failed to file reply.
As a matter of sheer indulgence and by way of last
opportunity, four weeks' further time is granted to do the
needful, failing which all the respondents shall appear before
this Court on the next date of hearing.
List on 3.8.2021.
(Tarlok Singh Chauhan)
Judge
(Satyen Vaidya) Judge 6.7.2021
(pankaj)
CWPOA No. 130/2020 6.7.2021 Present: Mr. Parveen Chandel, Advocate, for the petitioner.
.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur,
Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
(Through Video Conferencing)
Admit. List for hearing on 13.7.2021.
r to (Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
FAO No. 25/2021 6.7.2021 Present: Ms. Shalini Thakur, Advocate, for the appellant.
Mr. P. P. Chauhan, Advocate, for the respondent.
.
(Through Video Conferencing)
Notice. Mr. P. P. Chauhan, Advocate, appears and
waives service of notice on behalf of the respondent.
It is rather shocking to note that even though the
petition filed by the respondent herein was for restitution of
conjugal rights and even the judgment that was rendered by
the learned court below is to this effect.
However, perusal of the decree accompanying the
judgment, would show that the petition has been accepted and
the marriage between the parties has been dissolved by a
decree of divorce on the ground of cruelty, which obviously is
not in accordance with either prayer made in the petition or
findings rendered by the learned court below in the judgment
itself.
It is more than settled that the decree follows the
judgment. Therefore, let notice be issued to the official/officer,
who has drawn the decree in question to explain his conduct.
Since the instant appeal emanates out of a
matrimonial discord, therefore, let both the parties appear
before this Court on the next date of hearing.
List on 12.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021
(pankaj)
.
FAO No. 27/2021 6.7.2021 Present: Mr. Kulwant Singh Gill, Advocate, for the appellant.
.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for respondent No.1.
(Through Video Conferencing)
It appears that It is the Secretary, Gram
Panchayat Basi Jhaniara, that has been sued as respondent
No.1 instead of Gram Panchayat.
rLearned counsel for the appellant prays for and is
granted permission to carry out table amendment(s) in the
appeal.
Issue notice to respondent No.1. Mr. Vinod
Thakur, learned Additional Advocate General, appears and
waives service of notice on behalf of respondent No.1. Call for
the records.
Let two copies of the appeal be supplied to the
office of Advocate General during the course of the day.
Registry to reflect name of Advocate General in the cause list
henceforth.
List on 3.8.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
CWP No. 3338/2020 6.7.2021 Present: Mr. Arvind Sharma, Advocate, for the petitioner.
.
Mr. Lokinder Pal Thakur, Senior Panel Counsel, for
respondent No.1.
Mr. K. D. Sood, Sr. Advocate with Mr. Het Ram, Advocate, for respondents No. 2 and 3.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 13.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
Cr.MP(M) No. 666/2021 6.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl.
.
A.Gs., Mr. J. S. Guleria and Mr. Bhupinder
Thakur, Dy.A.Gs. for the appellant/applicant.
(Through Video Conferencing)
Cr.MP(M) No. 666/2021
The appeal has been filed within the prescribed
period of limitation, therefore, the instant application seeking
such.
r to condonation of delay is clearly mis-conceived and dismissed as
Cr.MP(M) No. 665/2021
Heard. Leave to appeal granted.
Application stands disposed of.
Cr. A. No. /2021
Admit. Call for the records.
Bail bonds in the sum of Rs.1,00,000/- with one
local surety of the like amount to the satisfaction of the
executing officer be furnished by each of the respondents-
accused undertaking therein to appear in this Court as and
when directed and to receive the sentence which may be
imposed on the conclusion of the appeal.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
Cr.MP(M) No. 668/2021 6.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl.
.
A.Gs., Mr. J. S. Guleria and Mr. Bhupinder
Thakur, Dy.A.Gs. for the appellant/applicant.
(Through Video Conferencing)
Cr.MP(M) No. 668/2021
Heard. Leave to appeal granted.
Application stands disposed of.
Cr. A. No. /2021
Admit. Call for the records.
Bail bonds in the sum of Rs.50,000/- with one
local surety of the like amount to the satisfaction of the
executing officer be furnished by the respondent-accused
undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be imposed on
the conclusion of the appeal.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
Cr.MP(M) No. 1044/2021 6.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl.
.
A.Gs., Mr. J. S. Guleria and Mr. Bhupinder
Thakur, Dy.A.Gs. for the appellant/applicant.
(Through Video Conferencing)
Cr.MP(M) No. 1044/2021
Heard. Leave to appeal granted.
Application stands disposed of.
Cr. A. No. /2021
Admit. Call for the records.
Bail bonds in the sum of Rs.1,00,000/- with one
local surety of the like amount to the satisfaction of the
executing officer be furnished by the respondent-accused
undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be imposed on
the conclusion of the appeal.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
Cr.MP(M) No. 1047/2021 6.7.2021 Present: Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl.
.
A.Gs., Mr. J. S. Guleria and Mr. Bhupinder
Thakur, Dy.A.Gs. for the appellant/applicant.
(Through Video Conferencing)
Cr.MP(M) No. 1047/2021
Heard. Leave to appeal granted.
Application stands disposed of.
Cr. A. No. /2021
Admit. Call for the records.
Bail bonds in the sum of Rs.1,00,000/- with one
local surety of the like amount to the satisfaction of the
executing officer be furnished by each of the respondents-ac
cused undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be imposed on
the conclusion of the appeal.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
Cr. A. No. 366/2015 6.7.2021 Present: Mr. N. S. Chandel, Sr. Advocate with Mr. Vinod Gupta, Advocate, for the appellant.
.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
(Through Video Conferencing)
On the joint request of learned counsel for the
parties, list on 13.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 6.7.2021 (pankaj)
CWPs No. 777, 2159 & 5422/2020 5.7.2021 Present: Mr. K. D. Shreedhar, Sr. Advocate with Ms. Shreya Chauhan, Advocate, Mr. Vikrant Thakur,
.
Advocates, for the respective petitioners.
Mr. Ashok Sharma, A.G. with Mr. Vinod Thakur, Mr. Hemanshu Misra, Mr. Shiv Pal Minhans, Addl. A.Gs., Mr. J. S. Guleria and Mr. Bhupinder Thakur, Dy.A.Gs. for the respondents-State.
Mr. R. K. Gautam, Sr. Advocate with Ms. Megha Kapoor Gautam, for respondents No. 5 and 6 in CWP No. 777/2020 and for respondent No.6 in CWP No. 5422/2020.
Ms. Devyani Sharma, Advocate, for respondent
No.6 in CWP No. 2159/2020.
Mr. Vikrant Thakur, Advocate, for respondent No.7 in CWP No. 5422/2020.
(Through Video Conferencing)
CWP Nos. 777 & 5422/2020
Minutes of the meeting handed over by the learned
Advocate General are ordered to be taken on record.
Admit.
Plying of trucks in question shall strictly abide by
the settlement arrived at with the authorities, i.e.
Deputy Commission Solan as also in compliance to the
directions passed by this Court from time to time on the
subject.
CWP No. 2159/2020
De-linked. List for consideration on 7.7.2021.
(Tarlok Singh Chauhan) Judge
(Satyen Vaidya) Judge 5.7.2021 (pankaj)
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