Citation : 2025 Latest Caselaw 5964 HP
Judgement Date : 23 May, 2025
Ravi Kant vs. State of H.P. & Ors.
Item No.(D-5) CMP(M) No.273 of 2025
23.05.2025 Present: Mr. Subhash Mohan Snehi, Advocate, for the applicant.
Mr. Pranay Pratap Singh, Additional Advocate General, for the respondents/ State.
CMP(M) No.1247 of 2024
Reply has not been filed.
2. The present appeal filed by the
applicant-appellant is barred by 84 days against
the judgment of learned Single Judge passed in
CWP No.5736 of 2023 on 21.11.2024.
3. It has been mentioned in the application
that the applicant/writ petitioner is a Class-IV
employee and belonging to District Kullu,
therefore, the delay had taken place as he could
not visit Shimla for filing the appeal within time.
4. Keeping in view the above, we are of the
considered opinion that sufficient cause has been
shown by the applicant to condone the delay in
filing the appeal. Therefore, taking into account the
background of the petitioner, who is working as a
Beldar in District Kullu and also his right for regularization, the application is allowed and the
delay of 84 days in filing the appeal is condoned.
Appeal be registered.
5. Notice. Mr. Pranay Pratap Singh, learned
Additional Advocate General, accepts notice on
behalf of the respondents.
6. List on 14th July, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 23, 2025 (Yashwant) M/s Shipla Medicare vs. M/s Salus Pharmaceuticals & Anr.
Item No.(D-4) OMP(M) No.137 of 2025
23.05.2025 Present: Ms. Shradha Karol, Advocate, for the applicant/appellant.
Ms. Garima Joshi and Mr. Jyotirmay Bhatt, Advocates, for the respondents.
It is pointed out that the issue of rejection
of plaint on account of the non-compliance of Section
12-A of the Commercial Courts Act, 2015, which
provides for resorting to pre-institution mediation and
settlement for commercial disputes was subject matter
of consideration before the Apex Court in SLP(C)
No.2753 of 2025, titled as Novenco Building & Industry
A/S vs. Xero Energy Engineering Solutions Private
Limited & Anr., which was taken from this Court in
Commercial Appeal No.1 of 2024, decided on
13.11.2024.
2. It is pointed out that vide order dated
07.02.2025, the Apex Court has directed the
petitioner/plaintiff to move a letter before the
Mediation Centre attached to this Court, seeking
appointment of a Mediator to explore the possibility of
settlement and request the opposite side to join such
mediation.
3. Notice. Ms. Garima Joshi and Mr. Jyotirmay
Bhatt, Advocates, appear and accept notice on behalf
of the respondents.
4. List on 23rd June, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 23, 2025 (Yashwant) State of H.P. & Ors. vs. Ashish Kumar
Item No.(D-7) CMP(M) No.350 of 2025
22.05.2025 Present: Mr. Sidharth Jalta, Deputy Advocate General, for the applicants/State.
Learned Deputy Advocate General, inter
alia, contends that initial rejection (Annexure P-13)
was of 12th December, 2012 and the same was never
challenged. Merely representation for reconsideration
on an application filed later on 08.06.2016 and by
rejection dated 07.09.2019 as such, could not extend
the right as such for consideration for appointment on
compassionate basis, specially keeping in view the fact
that the death as such of the employee in question was
on 26.05.2005.
Issue notice to the respondent, returnable
for 10th July, 2025, on taking steps within a week.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 22, 2025 (Yashwant) State of H.P. & Anr. vs. Nirmal Kumar and Anr.
Item No.(D-5) CMP(M) No.307 of 2025
22.05.2025 Present: Mr. Gobind Korla, Additional Advocate General, for the applicants/State.
Mr. Karun Kumar Chaudhary, Advocate vice Mr. Nand Lal Thakur, Advocate, for respondent No.1.
Reply has not been filed.
Let needful be done well before the next
date of hearing.
List on 3rd July, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 22, 2025 (Yashwant) The State of H.P. & Anr. vs. M/s Garg Sons Estate Promotors Pvt. Ltd.
Item No.(D-4) OMP(M) No.122 of 2025
22.05.2025 Present: Mr. Gobind Korla, Additional Advocate General, for the applicants/State
Issue notice to the respondent, returnable
for 3rd July, 2025, on taking steps within a week.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 22, 2025 (Yashwant) The State of H.P. & Ors. vs. Sudershna Kumari
Item No.(D-4) CMP(M) No.152 of 2025
20.05.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
Mr. Ajay Kumar, Advocate, for the respondent.
Learned State Counsel submits that reply has
been filed in the Registry, however, the same is not on
record. Office to trace and place the same on record, after
removal of objection(s), if any.
List alongwith CMP(M) No.2126 of 2024 and
connected matters on 16th June, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 20, 2025 (Yashwant) State of H.P. & Ors. vs. Amar Singh Himalavi
Item No.(D-2) LPA No.37 of 2025
20.05.2025 Present: Mr. Gobind Korla, Additional Advocate General, for the appellants/State.
LPA No.37 of 2025 & CMP No.1735 of 2025
Issue notice to the respondent, returnable for
30th June, 2025, on taking steps within a week.
Learned State Counsel for the appellants
submits that the own case of the land owner was that the
construction/utilization of land was overall done in the year
1991, therefore, the observation of the Division Bench in
the case of State of Maharastra vs. Digambar, (1995) 4 SCC
683, would come into play.
To be heard alongwith lead case CMP(M)
No.200 of 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 20, 2025 (Yashwant) State of H.P. & Ors. vs. Rajesh Kumar & Ors.
Item No.(D-2) LPA No.501 of 2024
20.05.2025 Present: Mr. Pranay Pratap Singh, Additional Advocate General, for the appellants/State.
Vide separate judgment of even date, the appeal
is dismissed.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 20, 2025 (Yashwant) Jia Lal Kamal vs. State of H.P. & Anr.
Item No.(D- 27) LPA No.58 of 2025
19.05.2025 Present: Mr. Aman Thakur, Advocate vice Mr. Mohit Thakur, Advocate, for the appellant.
Mr. Sidharth Jalta, Deputy Advocate General, for the respondents/State.
Learned counsel appearing for the appellant
prays for an adjournment on the ground that the original
arguing counsel is not available today. Accordingly, the
proceedings are deferred.
List on 2nd July, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Chaman Bala vs. State of H.P. & Ors.
Item No.(D- 26) LPA No.35 of 2025
19.05.2025 Present: Mr. Kulwant Singh Gill, Advocate, for the appellant.
Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 5/State.
Ms. Dhanwanti, Advocate vice Mr. Sanjay Bhardwaj, Advocate, for respondent No.7.
Learned counsel for the petitioner, inter alia,
submits that learned Single Judge has never appreciated
the fact that the private respondent himself was not eligible,
which was one of the prayers in the Writ Petition, and that
the State was also not looking into the said issue, while
referring to the communication on record. Thus, he further
submits that even if the petitioner was not to be reinstated
in service, the private respondent could not be continued in
service.
Learned counsel appearing for respondent No.7
prays for an adjournment on the ground that the original
arguing counsel is not available today. Accordingly, the
proceedings are deferred.
List on 3rd July, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Atul Bhardwaj vs. State of H.P. & Ors.
Item No.(D- 25) CWPIL No.20 of 2025
19.05.2025 Present: Mr. Nitya Sharma (through V.C.) and Mr. Aman Thakur, Advocates, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1, 2 & 3/State.
Mr. Balram Sharma, Deputy Solicitor General of India (Senior Advocate) with Mr. Rajeev Sharma, Advocate, for respondents No.4 to 6/Union of India.
Reply has not been filed by the respondents.
Let needful be done on behalf of the
respondents well before the next date of hearing.
List on 30th June, 2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Chirag vs. State of H.P. & Ors.
Item No.(D- 24) CWPIL No.18 of 2025
19.05.2025 Present: Mr. R.K. Bawa, Sr. Advocate with Mr. Ajay Kumar Sharma, Advocate, for the petitioner.
Mr. Rakesh Dhaulta, Additional Advocate General of respondent No.1 to 3 & 5/State. None for respondent No.4.
Mr. Surinder Saklani, Advocate, for respondent No.6.
Respondent No.4 has been duly served, but
none has put in appearance on its behalf.
Mr. Surinder Saklani, learned counsel, has
put in appearance on behalf of respondent No.6 and
prays for time to file reply.
Learned Additional Advocate General for the
State also prays for time to file reply on behalf of
respondents No.1 to 3 and 5.
Service upon respondent No.7 is still
awaited.
Let fresh notice be issued to respondent
No.7, returnable for 25th June, 2025, on taking steps
within a week.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Court on its own motion vs. State of H.P. & Ors. and connected matter
Item No.(D- 15) CWPIL No.114 of 2024 a/w CWPIL No.1398 of 2018
19.05.2025 Present: Court on its own motion in CWPIL No.114 of 2024.
None for petitioner in CWPIL No.1398 of 2018.
Mr. Rakesh Dhaulta, Additional Advocate General, for the respondents-State.
Mr. Balram Sharma, Deputy Solicitor General of India (Senior Advocate) with Mr. Anubhav Chopra, Advocate, for respondent No.4/UOI.
Mr. Vijay Kumar Arora, Senior Advocate with Ms. Godawari, Ms. Lalita Sharma, Mr. Gaurav Kumar, Mr. Hitansh Raj & Ms. Astha Kohli, Advocates, for respondent No.6- BSNL.
Mr. Ashok Sood, Sr. Advocate with Ms. Pooja Verma, Advocate, for respondent No.7- Airtel.
Mr. Suneet Goel, Sr. Advocate with Mr. Vivek Negi, Advocate, for respondent No.8- Reliance Jio Infocomm.
Ms. Seema K. Guleria, Advocate, for respondent No.9.
Mr. Nimish Gupta, Advocate, for respondent No.11.
Mr. Dheeraj, Advocate vice Mr. Mukesh Thakur, Advocate, for respondent No.12.
Mr. Sandeep Dutta, Advocate, for respondent No.13.
Status report on behalf of respondent No.4
is still awaited.
Status report on behalf of respondent No.6
is already on record.
Let needful be done by learned Deputy
Solicitor General of India, representing the
respondent/Union of India, well before the next date of
hearing.
List on 02.07.2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Court on its own motion vs. State of H.P. & Ors. and connected matter
Item No.(D- 14) CWPIL No.76 of 2024 a/w CWPIL No.120 of 2024
19.05.2025 Present: Mr. Shriyek Sharda, Advocate as Legal Aid Counsel, for the petitioner.
Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No.1 & 3 to 5/ State.
Mr. Shreya Chauhan, Advocate, for respondent No.2-NHAI.
Mr. Amit Singh Chandel, Advocate, for the petitioner.
Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No.1, 2 & 4 to 12/ State.
Mr. Shreya Chauhan, Advocate, for respondent No.3-NHAI.
Ms. Priyanka Chauhan, learned Deputy
Advocate General, submits that necessary affidavit in
terms of order dated 24.04.2025 has been filed in the
Registry. Office to trace and place the same on record,
after removal of objection(s), if any.
List on 26.05.2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Ranjan Kumar & Ors. vs. State of H.P. & Ors.
Item No.(D- 10) CWPIL No.66 of 2023
19.05.2025 Present: Mr. Vikrant Chandel, Advocate, for the petitioners
Mr. Gobind Korla, Deputy Advocate General, for respondents No. 1, 3 to 5/State.
Mr. K.D. Sood, Sr. Advocate with Mr. Het Ram Thakur, Advocate, for respondent No.2/Indian Oil Corporation.
Mr. Dhiraj Thakur, Advocate, for respondent No.6
Mr. Nand Lal Thakur, Advocate, Senior Panel Counsel, for respondent No.7/UOI.
Mr. Vishwa Bhushan, Advocate, for respondent No.8.
Learned counsel for the petitioners prays for
time to file replication to the replies filed by the
respective respondents to rebut the averments made
that the present PIL is not maintainable on the ground
that petitioner No.1 and his father are co-owners of
Hindustan Petroleum, situated at Village Churu-Ra-
Balh and also the fact that they had earlier filed CWP
No.7165 of 2023, titled as Ranjan Kumar & Anr. vs.
State of H.P. & Ors., decided on 09.10.2023, in which,
permission was granted to the petitioners to file a
proper petition on the format of a Public Interest
Litigation.
Office to tag the record of CWP No.7165 of
List on 17.06.2025
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Kumari Simran Singh vs. Brijendra Singh and Ors.
Item No.(D- 12) FAO(OS) No.24 of 2024
19.05.2025 Present: Mr. Ajit Pal Singh Jaswal, Advocate vice Mr. Ravinder Singh Jaswal, Advocate, for the appellant.
Mr. R. K. Bawa, Sr. Advocate with Mr. Nitin Thakur, Advocate, for the respondents.
Learned counsel appearing for the appellant
submits that learned senior arguing counsel is not
available today on account of his personal difficulty
and prays for an adjournment. Accordingly, the
proceedings are deferred.
List on 23.06.2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) Sheetal Vyas versus State of H.P. & Others a/w connected matter
Item No.(D- 13) Cr.WP No. 24 of 2024 a/w Cr.WP No.23 of 2024
19.05.2025 Present: Mr. Rajinder Sharma, Advocate, for the petitioner.
Petitioner in person.
Ms. Priyanka Chauhan, Deputy Advocate General, for the respondents-State.
Mr. Amit Singh Chandel, Advocate, for the petitioners.
Mr. Balram Sharma, Deputy Solicitor General of India (Senior Advocate) with Mr. Anubhav Chopra, Advocate, for respondent No.1-UOI.
Ms. Priyanka Chauhan, Deputy Advocate General, for the respondents No. 2 to 8-State.
Mr. Rajinder Sharma, learned counsel
appearing on behalf of the petitioner in Cr.WP No. 24 of
2024, submits that Mr. Shrawan Dogra, learned senior
arguing counsel, is not available today on account of
marriage of his son and prays for an adjournment.
Accordingly, the proceedings are deferred.
Learned counsel appearing on behalf of the
petitioner(s) in both the petitions, pray for time to file
rejoinder(s)/replication(s).
List on 02.06.2025.
(G.S. Sandhawalia) Chief Justice
(Ranjan Sharma) Judge May 19, 2025 (Yashwant) M/s Devraj Stone Crusher vs. HPSEBL & Ors.
Item No.(S-2) CWP No.257 of 2025
04.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioner.
Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma and Ms. Sugandh Verma, Advocates, for respondent No.1/HPSEBL.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.2/State.
CWP No.257 of 2025 & CMP No.335 of 2025
Learned counsel for the petitioner places
reliance upon the pendency of CWP No.8243 of 2024,
titled M/s Shiv Stone Crusher vs. HPSEBL and Ors.
and the interim order dated 13.08.2024.
2. Notice.
3. Mr. Dhananjay Sharma, learned counsel
and Mr. Pranay Pratap Singh, learned Additional
Advocate General, accept notice on behalf of
respondent No.1 and respondent No.2, respectively.
4. Reply(ies), as prayed, be filed within four
weeks.
5. The petitioner's grievance is that under
Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in
respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the
same has been enhanced to 17%, 19% and 25% in
Annexure P-4, dated 01.09.2023, and further from
25% to 37.50% by the Notification dated 18.01.2024
and that this is contrary to sub Section (2) of Section
11 of the Himachal Pradesh Electricity (Duty) Act,
2009, which permits the State Government to revise
the rates of electricity duty through a Notification
without exceeding 50% at any one time of the rates
earlier specified under Section 3 thereof.
6. Since admittedly the increase from 11% to
17%, 19% and 25% and further to 37.50 % prima facie
appears to be contrary to sub Section (2) of Section 11
of the Act, the respondents are restrained from
collecting electricity duty beyond 16.5% in respect of
medium industries and large industries.
7. List on 10th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Himalayan Stone Crusher vs. HPSEBL & Ors.
Item No.(S-2) CWP No.255 of 2025
04.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioner.
Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma and Ms. Sugandh Verma, Advocates, for respondent No.1/HPSEBL.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.2/State.
CWP No.255 of 2025 & CMP No.338 of 2025
Learned counsel for the petitioner places
reliance upon the pendency of CWP No.8243 of 2024,
titled M/s Shiv Stone Crusher vs. HPSEBL and Ors.
and the interim order dated 13.08.2024.
2. Notice.
3. Mr. Dhananjay Sharma, learned counsel
and Mr. Pranay Pratap Singh, learned Additional
Advocate General, accept notice on behalf of
respondent No.1 and respondent No.2, respectively.
4. Reply(ies), as prayed, be filed within four
weeks.
5. The petitioner's grievance is that under
Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in
respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the
same has been enhanced to 17%, 19% and 25% in
Annexure P-4, dated 01.09.2023, and further from
25% to 37.50% by the Notification dated 18.01.2024
and that this is contrary to sub Section (2) of Section
11 of the Himachal Pradesh Electricity (Duty) Act,
2009, which permits the State Government to revise
the rates of electricity duty through a Notification
without exceeding 50% at any one time of the rates
earlier specified under Section 3 thereof.
6. Since admittedly the increase from 11% to
17%, 19% and 25% and further to 37.50 % prima facie
appears to be contrary to sub Section (2) of Section 11
of the Act, the respondents are restrained from
collecting electricity duty beyond 16.5% in respect of
medium industries and large industries.
7. List on 10th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Devraj Negi Stone Crusher vs. HPSEBL & Ors.
Item No.(S-2) CWP No.251 of 2025
04.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioner.
Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma and Ms. Sugandh Verma, Advocates, for respondent No.1/HPSEBL.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.2/State.
CWP No.251 of 2025 & CMP No.343 of 2025
Learned counsel for the petitioner places
reliance upon the pendency of CWP No.8243 of 2024,
titled M/s Shiv Stone Crusher vs. HPSEBL and Ors.
and the interim order dated 13.08.2024.
2. Notice.
3. Mr. Dhananjay Sharma, learned counsel
and Mr. Pranay Pratap Singh, learned Additional
Advocate General, accept notice on behalf of
respondent No.1 and respondent No.2, respectively.
4. Reply(ies), as prayed, be filed within four
weeks.
5. The petitioner's grievance is that under
Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in
respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the
same has been enhanced to 17%, 19% and 25% in
Annexure P-4, dated 01.09.2023, and further from
25% to 37.50% by the Notification dated 18.01.2024
and that this is contrary to sub Section (2) of Section
11 of the Himachal Pradesh Electricity (Duty) Act,
2009, which permits the State Government to revise
the rates of electricity duty through a Notification
without exceeding 50% at any one time of the rates
earlier specified under Section 3 thereof.
6. Since admittedly the increase from 11% to
17%, 19% and 25% and further to 37.50 % prima facie
appears to be contrary to sub Section (2) of Section 11
of the Act, the respondents are restrained from
collecting electricity duty beyond 16.5% in respect of
medium industries and large industries.
7. List on 10th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) M/s Chandel Associates Devinagar vs. HPSEBL & Ors.
Item No.(S-2) CWP No.232 of 2025
04.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioner.
Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma and Ms. Sugandh Verma, Advocates, for respondent No.1/HPSEBL.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.2/State.
CWP No.232 of 2025 & CMP No.295 of 2025
Learned counsel for the petitioner places
reliance upon the pendency of CWP No.8243 of 2024,
titled M/s Shiv Stone Crusher vs. HPSEBL and Ors.
and the interim order dated 13.08.2024.
2. Notice.
3. Mr. Dhananjay Sharma, learned counsel
and Mr. Pranay Pratap Singh, learned Additional
Advocate General, accept notice on behalf of
respondent No.1 and respondent No.2, respectively.
4. Reply(ies), as prayed, be filed within four
weeks.
5. The petitioner's grievance is that under
Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in
respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the
same has been enhanced to 17%, 19% and 25% in
Annexure P-4, dated 01.09.2023, and further from
25% to 37.50% by the Notification dated 18.01.2024
and that this is contrary to sub Section (2) of Section
11 of the Himachal Pradesh Electricity (Duty) Act,
2009, which permits the State Government to revise
the rates of electricity duty through a Notification
without exceeding 50% at any one time of the rates
earlier specified under Section 3 thereof.
6. Since admittedly the increase from 11% to
17%, 19% and 25% and further to 37.50 % prima facie
appears to be contrary to sub Section (2) of Section 11
of the Act, the respondents are restrained from
collecting electricity duty beyond 16.5% in respect of
medium industries and large industries.
7. List on 10th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Vishal Sharma vs. State of H.P. & Ors.
Item No.(S-3) CWP No.231 of 2025
04.01.2025 Present: Mr. Rajnish Maniktala, Sr. Advocate with Mr. Dinkar Bhaskar and Ms. Bhushree Jain, Advocates, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No.1 to 3/State.
CWP No.231 of 2025 & CMP No.294 of 2025
Inter alia, it is contended that the
petitioner has been adversely affected by the order
of the re-employment of private respondent No.4 as
Director of H.P. Animal Husbandry dated
02.01.2025 (Annexure P-12), since the petitioner is
to superannuate on 31st January, 2025.
It is submitted that as per the rules, as
amended page-34 thereof, petitioner is eligible for
consideration to the post of Director of Animal
Husbandry.
Notice of motion.
Ms. Priyanka Chauhan, learned Deputy
Advocate General, accepts notice on behalf of
respondents No.1 to 3.
Separate notice be issued to private
respondent No.4 through Dasti notice as well as
email ID: [email protected], through the Chief
Secretary to the Government of Himachal Pradesh,
on supplying necessary details during the course of
the day.
To come up on 9th January, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Yamuna Mine & Minerals vs. HPSEBL Ltd. & Ors.
Item No.(S-2) CWP No.226 of 2025
04.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioner.
Ms. Sunita Sharma, Sr. Advocate with Mr. Dhananjay Sharma and Ms. Sugandh Verma, Advocates, for respondent No.1/HPSEBL.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.2/State.
CWP No.226 of 2025 & CMP No.284 of 2025
Learned counsel for the petitioner places
reliance upon the pendency of CWP No.8243 of 2024,
titled M/s Shiv Stone Crusher vs. HPSEBL and Ors.
and the interim order dated 13.08.2024.
2. Notice.
3. Mr. Dhananjay Sharma, learned counsel
and Mr. Pranay Pratap Singh, learned Additional
Advocate General, accept notice on behalf of
respondent No.1 and respondent No.2, respectively.
4. Reply(ies), as prayed, be filed within four
weeks.
5. The petitioner's grievance is that under
Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in
respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the
same has been enhanced to 17%, 19% and 25% in
Annexure P-4, dated 01.09.2023, and further from
25% to 37.50% by the Notification dated 18.01.2024
and that this is contrary to sub Section (2) of Section
11 of the Himachal Pradesh Electricity (Duty) Act,
2009, which permits the State Government to revise
the rates of electricity duty through a Notification
without exceeding 50% at any one time of the rates
earlier specified under Section 3 thereof.
6. Since admittedly the increase from 11% to
17%, 19% and 25% and further to 37.50 % prima facie
appears to be contrary to sub Section (2) of Section 11
of the Act, the respondents are restrained from
collecting electricity duty beyond 16.5% in respect of
medium industries and large industries.
7. List on 10th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Tidj Mamane @ Tidy Mamane vs. State of H.P. & Ors.
Item No.(S-1) Cr.WP No.03 of 2025
04.01.2025 Present: Mr. Yuyutsu Singh Thakur & Manish Kumar, Advocates, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Pranay Pratap Singh, Additional Advocate General & Ms. Priyanka Chauhan, Deputy Advocate General, for the respondents/State.
List of events would go on to show that the
bail applications of the petitioner have been dismissed
by the Special Judge, NDPS, Solan. The said orders
have not been placed on record.
Learned counsel for the petitioner prays for
time to place on record the said orders. The translated
copy of F.I.R. in question be also placed on record.
Application is disposed of with the aforesaid
observations.
List on 12th March, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 04, 2025 (Yashwant) Satya Chauhan vs. Tulsi Ram & Ors.
Item No.(D-22) LPA No.72 of 2013
03.01.2025 Present: Mr. Aman Sood, Advocate, for the appellant.
Mr. Romesh Verma, Sr. Advocate with Mr. Hitesh Thakur, Advocate, for respondents No.1 to 11(i) and 11(ii).
Mr. Arsh Rattan, Deputy Advocate General, for respondent No.12/State.
Report of the Settlement Officer has been
received in a sealed cover. The same be opened and
placed on record.
Learned counsel for the parties can go
through the said report.
List on 26th March, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 03, 2025 (Yashwant) HP State Cooperative Bank Ltd. vs. State Information Commission Himachal Pradesh & Another
Item No.(D-23) CWP No.874 of 2019
03.01.2025 Present: Mr. Sunil Mohan Goel, Sr. Advocate with Mr. Raman Jamalta & Mr. Paras Dhaulta, Advocates, for the petitioner.
Ms. Swati Draik, Deputy Advocate General, for respondent No.1/State.
Ms. Deepmala Sharma, Advocate for Mr. A.K. Dhiman, Advocate, for respondent No.2.
At the request of learned counsel for the
petitioner, adjourned to 27th March, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 03, 2025 (Yashwant) HP Electricity Regulatory Commission vs. Rama Mahajan & Ors.
Item No.(D-24) LPA No.81 of 2023
03.01.2025 Present: None for the appellant.
Mr. Neeraj Gupta, Sr. Advocate with Mr. Vedhant Ranta, Advocate, for respondent No.1.
None for respondent No.2.
Ms. Swati Draik, Deputy Advocate General, for respondent No.3/State.
None has put in appearance for the
appellant.
In the interest of justice, adjourned to
25th March, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 03, 2025 (Yashwant) The Chairman-cum-Managing Director & Anr. vs. Central Government Industrial Tribunal-cum-Labour Court-1, Chandigarh
Item No.(D-48) 01.01.2025 Present: Mr. Parav Sharma, Advocate, for the appellant.
Mr. Ravneet Kumar, Advocate for Mr. Desh Raj Thakur, Advocate, for respondent No.2.
Mr. Vinod Chauhan, Advocate, for respondent No.3.
Learned counsel for respondent No.2 prays
for accommodation.
Proceedings are deferred to 17th March,
2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Naresh Kumar vs. State of H.P. & Anr.
Item No.(D-47) CWP No.10396 of 2024
01.01.2025 Present: Mr. P.P. Chauhan, Advocate, for the appellant.
Mr. Abhishek Nagta, Advocate, for the respondents.
As per office report, reply on behalf of
respondent No.2 stands filed. Rejoinder, if any, be filed
to the same by the next date of hearing.
List on 24th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Krishan Singh vs. HP State Forest Corporation Ltd. & Ors.
Item No.(D-45) 01.01.2025 Present: Mr. P.P. Chauhan, Advocate, for the appellant.
Mr. Abhishek Nagta, Advocate, for the respondents.
Learned counsel for the appellant prays for
accommodation.
Adjourned to 1st May, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. Darshan Singh & Ors.
Item No.(D-44) 01.01.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
Mr. Shriyek Sharda, Advocate, for respondent No.1.
Necessary steps be taken by the State to
serve respondent No.2.
List on 23rd April, 2025.
Name of Mr. Shriyek Sharda, learned
counsel for respondent No.1, be reflected in the cause
list, henceforth.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. Paramjeet Singh
Item No.(D-43) 01.01.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
As per office report, notice issued to the
respondent is still awaited.
To come up on 24th March, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. Dr. Surender Nikhil Gupta & Anr.
LPA No.
Item No.(D-43) 01.01.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
Dr. Lalit K. Sharma, Advocate, for respondent No.1.
Mr. Tek Ram Sharma, Advocate, for respondent No.2.
Learned Additional Advocate General
submits that separate appeal has been filed in
CWPOA No.4000 of 2020 against the impugned
order, as noted in the earlier order dated
27.11.2024.
Accordingly, the proceedings are
deferred to 27th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. Dr. Surender Nikhil Gupta & Anr.
01.01.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
Dr. Lalit K. Sharma, Advocate, for respondent No.1.
Mr. Tek Ram Sharma, Advocate, for respondent No.2.
Learned Additional Advocate General
submits that separate appeal has been filed
against CWPOA No.4000 of 2020 against the
impugned order, as noted in the earlier order dated
27.11.2024.
Accordingly, the proceedings are
deferred to 27th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. Dr. Surender Nikhil Gupta & Anr.
01.01.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the appellants/State.
Dr. Lalit K. Sharma, Advocate, for respondent No.1.
Mr. Tek Ram Sharma, Advocate, for respondent No.2.
Learned Additional Advocate General
submits that separate appeal has been filed in
CWPOA No.4000 of 2020 against the impugned
order, as noted in the earlier order dated
27.11.2024.
Accordingly, the proceedings are
deferred to 27th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Devinder Singh vs. HRTC & Anr.
CWP No.202 of 2024 a/w CWP Nos.258 & 327 of 2024
01.01.2025 Present: Mr. S.P. Chatterji and Mr. Rakesh Dogra, Advocates, for the petitioner(s) in all the matters.
Mr. Piyush Agnihotri, Advocate vice Mr. Dheeraj K. Vashisht, Advocate, for the respondents/HRTC in all the matters.
Learned counsel for the respondents
prays for time to comply with the earlier order.
List on 9th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Surinder Pal Singh vs. State of H.P. & Ors.
01.01.2025 Present: Mr. Aditya Chauhan & Mr. Abhishek Verma, Advocates, for the petitioner.
Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 4 & 7/State.
Mr. Shrawan Dogra, Sr. Advocate with Mr. Tejasvi Dogra, Advocate, for respondent No.5.
Mr. Tejasvi Dogra, learned counsel, has put in
appearance on behalf of respondent No.5 and prays for time
to file power of attorney.
Respondent No.6 remained unserved for want
of correct address. Liberty is given to serve respondent No.6
through Dasti notice, on taking steps within three days.
Learned Deputy Advocate General submits that
the Chief Conservator of Forests prays for time to finalize
the ongoing inquiry and submit a comprehensive reply in
the writ petition. He has placed certain documents on
record vide request letter dated 31st December, 2024.
List on 27th March, 2025.
Accordingly, response be filed by the State in
the meantime.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Surinder Pal Singh vs. State of H.P. & Ors.
01.01.2025 Present: Mr. Aditya Chauhan & Mr. Abhishek Verma, Advocates, for the petitioner.
Mr. Sidharth Jalta, Deputy Advocate General, for respondents No.1 to 4 & 7/State.
Mr. Shrawan Dogra, Sr. Advocate with Mr. Tejasvi Dogra, Advocate, for respondent No.5.
Mr. Tejasvi Dogra, learned counsel, has put in
appearance on behalf of respondent No.5 and prays for time
to file power of attorney.
Respondent No.6 remained unserved for want
of correct address. Liberty is given to serve respondent No.6
through Dasti notice, on taking steps within three days.
Learned Deputy Advocate General submits that
the Chief Conservator of Forests prays for time to finalize
the ongoing inquiry and submit a comprehensive reply in
the writ petition. He has placed certain documents on
record vide request letter dated 31st December, 2024.
List on 27th March, 2025.
Accordingly, response be filed by the State in
the meantime.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) State of H.P. & Ors. vs. Ranjha Ram (Deceased) through LRs & Ors.
01.01.2025 Present: Mr. Sidharth Jalta, Deputy Advocate General, for the appellants/State.
Ms. Yamini Geetanjali, Advocate vice Mr. Virender Thakur, Advocate, for the respondents .
List alongwith LPA No.121 of 2022.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) State of H.P. & Ors. vs. Rakesh Kumar
LPA No.121 of 2024 a/w LPA Nos.111, 118, 119 & 173 of 2024
01.01.2025 Present: Mr. Sidharth Jalta, Deputy Advocate General, for the appellants/State in all the appeals.
Ms. Yamini Geetanjali, Advocate for Mr. Virender Thakur, Advocate, for the respondents in all the appeals.
Learned counsel for the respondents prays
for and is granted time to comply with the earlier order
dated 27.11.2024.
List on 22nd April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) The State of H.P. & Ors. vs. M/s Yamuna Beverages Pvt. Ltd.
01.01.2025 Present: Mr. Pranay Pratap Singh, Additional Advocate General, for the appellants/State.
Mr. Abhishek Sharma, Advocate, for the respondent.
At the request of learned Additional
Advocate General, adjourned to 23rd April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Sunita Devi & Anr. vs. State of H.P. & Ors.
01.01.2025 Present: Mr. Ashok Kumar Verma, Advocate, for the petitioners.
Mr. Pranay Pratap Singh, Additional Advocate General, for the respondents/State.
Learned counsel for the petitioners prays for
and is granted four weeks' time to file rejoinder to the
reply filed by respondents No.3, 4 & 6.
List on 9th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant) Sunita Devi & Anr. vs. State of H.P. & Ors.
01.01.2025 Present: Mr. Ashok Kumar Verma, Advocate, for the petitioners.
Mr. Pranay Pratap Singh, Additional Advocate General, for the respondents/State.
Learned counsel for the petitioners prays for
and is granted four weeks' time to file rejoinder to the
reply filed by respondents No.3, 4 & 6.
List on 9th April, 2025.
(G.S. Sandhawalia) Chief Justice
(Satyen Vaidya) Judge January 01, 2025 (Yashwant)
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