Kamlesh Kumar And Another vs State Of H.P. And Another
2023 Latest Caselaw 17206 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.8109 of 2023 Date of Decision: 31.10.2023

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_______________________________________________________

Kamlesh Kumar and another .......Petitioners

Versus

State of H.P. and another ... Respondents _______________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the Petitioners: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals

and Ms. Sunaina, Deputy Advocate General.

____________________________________________________________ Sandeep Sharma, Judge(oral):

Learned counsel representing the petitioners states that

his clients would be content and satisfied in case prayer made in the

instant petition is considered and decided by the competent authority

in terms of judgment dated 26.12.2019 passed by Division Bench of

this Court in CWPOA No.195 of 2019, titled Smt. Sheela Devi versus

State of H.P. and others and judgment dated 28.09.2023 passed in

CWPOA No.1745 of 2020, titled Chaman Lal and others vs. State

of H.P. and others, in a time bound manner. Learned Additional

Advocate General representing the respondents is not averse to

aforesaid innocuous prayer made on behalf of the petitioners.

Whether the reporters of the local papers may be allowed to see the judgment?

2. Having perused the averments contained in the petition

as well as relief prayed therein vis-à-vis judgments sought to be relied

upon, this Court finds that the issue raised in the instant petition

.

already stands adjudicated in the aforesaid judgments and as such,

no prejudice, if any, would be caused to either of the parties, if the

respondents are directed to consider and decide the case of the

petitioners in light of aforesaid judgments.

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

is disposed of with a direction to the respondents to consider and

decide the case of the petitioners in light of aforesaid judgments

(supra), expeditiously, preferably within a period of four weeks. In

case, petitioners are found to be similarly situate to the petitioners in

the aforesaid judgments, they would be extended similar benefits.

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

of instant order shall afford an opportunity of being heard to the

petitioners and pass detailed speaking order thereupon. Liberty is

reserved to the petitioners to file appropriate proceedings in

appropriate Court of law, if they still remain aggrieved. Pending

application(s), if any, also stands disposed of.

(Sandeep Sharma), Judge October 31,2023 (shankar)