Inder Dev vs State Of Himachal Pradesh And Anr
2023 Latest Caselaw 15104 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                 .

                                    Civil Writ Petition No. 7079 of 2023
                                            Date of Decision: 29.9.2023
    _____________________________________________________________________





    Inder Dev
                                                                  .........Petitioner
                                     Versus
    State of Himachal Pradesh and Anr.
                                                               .......Respondents





    Coram

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

    For the Petitioner:       Mr. Vinod Chauhan, 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 3.8.2023, passed by a Division

Bench of this Court in CWP No. 2004 of 2017, titled as Sh. Taj

Mohammadand Ors. v. the State of Himachal Pradesh and Ors.,

with connected matter. Learned Additional Advocate General is not

averse to the aforesaid innocuous prayer made by the petitioner.

2. Having perused aforesaid judgment 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 judgment rendered by the Division Bench of this Court

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 judgment.

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 Taj Mohammad (supra),

expeditiously, preferably, within four weeks. In case, petitioner is

found to be similarly situate to the petitioner in the aforesaid

judgment, 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.

    September 29, 2023                                      (Sandeep Sharma),
    manjit                                                      Judge