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Ravi Kant vs . State Of H.P. & Ors.
2025 Latest Caselaw 5964 HP

Citation : 2025 Latest Caselaw 5964 HP
Judgement Date : 23 May, 2025

Himachal Pradesh High Court

Ravi Kant vs . State Of H.P. & Ors. on 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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