Sunil Kumar vs State Of H.P. & Ors
2024 Latest Caselaw 13616 HP

Himachal Pradesh High Court

Sunil Kumar vs State Of H.P. & Ors on 11 September, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

.

                                                          Decided on: 11.09.2024





    Sunil Kumar                                                   ....Petitioner
                                            Versus

    State of H.P. & Ors.                                              ......Respondents





    Coram

Ms. Justice Jyotsna Rewal Dua, Judge.

    Whether approved for reporting?1

    For the petitioner

     For the respondents
                             r        :

                                      :     toMr. Rajesh Kumar, Advocate.

                                              Mr. L.N. Sharma, Additional

Advocate General, for respondents

No.1 to 3.

Jyotsna Rewal Dua, J

The case set up by the petitioner in the instant petition is

that he had preferred an appeal on 11.11.2021 (Sunil Kumar vs. Rajiya

Sultan) before the Executive Magistrate-cum-Tehsildar Kotkhai on the

ground that EWS certificate issued in favour of respondent No.4 was on

the basis of false and frivolous documents.

2. The Tehsildar Kotkhai on 31.12.2021 passed an order in

the appeal that he was not competent to decide the validity of EWS

certificate issued to respondent No.4. The petitioner thereafter preferred

representation/appeal on 27.08.2022 before the Sub Divisional

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

Magistrate-cum-Appellate Authority Kotkhai and filed fresh appeal titled

Sunil Kumar vs. Rajiya Sultan.

.

The grievance of the petitioner is that the aforesaid appeal

has not been adjudicated till date. It was also submitted that w.e.f.

06.05.2024, the office of Sub Divisional Magistrate Kotkhai has been

lying vacant, therefore, necessity had arisen to institute this writ petition

seeking following substantive reliefs:-

"a. Issue a writ of mandamus directing respondent No.3 to decide the appeal in a time bound manner.

b. Issue a writ of mandamus directing the respondents No.1 and

2 to take appropriate steps to fill up the post of SDM Kotkhai or

equivalent officer in the absence of the SDM Kotkhai-cum-Presiding Officer/Appellate Authority i.e. SDM Theog/SDM Jubbal for deciding the appeal within a time bound manner: and/or."

3. Upon notice being issued to respondents No.1 to 3 on

09.09.2024, learned Additional Advocate General, during the course of

hearing today, has placed on record an order passed by the District

Collector, Shimla, on 10.09.2024. In terms of this order, the District

Collector, Shimla exercising the power vested in him under Section

13(1) of H.P. Land Revenue Act, 1954 has transferred the appeal

preferred by the petitioner to the office of Sub-Divisional Officer (Civil)

Theog, for adjudication and disposal in the interest of justice and fair

play.

4. In view of the aforesaid order dated 10.09.2024, no further

order is required to be passed in the instant petition and the same is

.

disposed of. Pending miscellaneous application(s), if any, shall also

stand disposed of.

                                                  Jyotsna Rewal Dua
                                                        Judge
     11th September, 2024 (Rohit)


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