_____________________________________________________________________ vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 15202 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                    Civil Writ Petition No. 1079 of 2023




                                                                 .
                                           Date of Decision: 03.10.2023





    _____________________________________________________________________
    Hans Raj
                                                                  .........Petitioner





                                     Versus
    State of Himachal Pradesh and Ors.
                                                               .......Respondents

    Coram





    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the Petitioner:       Mr. Ashok KUmar, Advocate.

    For the respondents:      Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.

                              B.C. Verma, Additional Advocates General
                              with Mr. Ravi Chauhan, Deputy Advocates
                              General.
    ___________________________________________________________________________


    Sandeep Sharma, J. (Oral)

Learned counsel for the petitioner states that his client

would be content and satisfied in case prayer made in the instant

petition is considered and decided by the respondents/competent

authority in terms of judgment dated 7.4.2016 passed in CWP No.

2467 of 2015, titled as Villam Singh v. State of Himachal Pradesh

and others and judgment dated 5.1.2022, passed in CWPOA No. 7915

of 2019, titled as Smt. Shyama Rana v. State of Himachal Pradesh

and Ors, by a Coordinate Bench of this Court. Learned Additional

Advocate General is not averse to the aforesaid innocuous prayer

made by the petitioner.

2. Having perused aforesaid judgments sought to be relied

.

upon vis-à-vis issue raised in the petition at hand, this Court finds

that issue raised in the instant petition already stands adjudicated in

the aforesaid judgments and as such, no prejudice would be caused to

either of the parties in case respondents are directed to consider and

decide case of the petitioner in light of the aforesaid judgments.

3. Consequently, in view of the above, present petition is

disposed of with direction to the respondents to consider and decide

case of the petitioner in light of Villam Singh and Smt. Shyama

Rana cases (supra), expeditiously, preferably, within four weeks. In

case, petitioner is found to be similarly situate to the petitioner(s) in

the aforesaid judgments, he would be extended similar benefits.

Needless to say, authority concerned while doing the needful in terms

of the instant order shall afford an opportunity of hearing to the

petitioner and pass detailed speaking order thereupon. Liberty is

reserved to the petitioner to file appropriate proceedings before

appropriate court of law, if he still remains aggrieved. All pending

applications stand disposed of.

    October 03, 2023                                  (Sandeep Sharma),
    manjit                                                   Judge