[Cites 1, Cited by 0]
Himachal Pradesh High Court
Medion Biotech Private Limited vs Union Of India And Others on 26 February, 2026
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1729 of 2026 a/w
CWPs No.2046 and 2119 of 2026
.
Date of Decision : 26.02.2026
CWP No.1729 of 2026
Medion Biotech Private Limited
...... Petitioner
Versus
Union of India and Others
of
...... Respondents
CWP No.2046 of 2026
Ess Ess Kay Engg. Co. (P) Ltd.
rt ...... Petitioner
Versus
Union of India and Others
...... Respondents
CWP No.2119 of 2026
Square One Hospitality
...... Petitioner
Versus
Union of India and Others
...... Respondents
Coram:
The Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the Petitioner(s) : Mr. Anuj Nag, Mr. Hakam Bhardwaj and
Mr. Ajay Thakur, Advocates.
For the Respondents : Mr. Pranay Pratap Singh, Additional Advocate
General, for the respondents-State, in all the
petitions.
Mr. Shiv Pal Manhans, Senior Panel Counsel,
Mr. Shashi Shirshoo and Mr. Ajay Kumar
Whether reporters of Local Papers may be allowed to see the judgment?
Chauhan, Central Government Counsel, for the
Union of India, in all the petitions.
G.S. Sandhawalia, Chief Justice (oral)
.
Notice. Mr. Pranay Pratap Singh, learned Additional
Advocate General and Mr. Shiv Pal Manhans, learned Senior Panel
Counsel, accept notice on behalf of the respondents-State and Union of
India, respectively, in all the petitions.
of
2. Counsel for the parties are agreed that the issue in question
is covered by the decision of this Court in LPA No.169 of 2025, titled
rt
Union of India and another versus Atul Sharma and others, along
with connected matters, decided on 16.07.2025. The relevant portion of
the said judgment reads as under:
"10. Learned Single Judge found that the appellant Union of
India could not in the first set of cases, deny the fact that the
applications had been forwarded during currency of the
Scheme and therefore, consideration had not been done. In
such circumstances, he came to the conclusion that at least
the consideration had to be made as per the terms of the
policy dated 23.04.2018 (Annexure P-1). Thus, we cannot
find any fault as such with the reasoning of the learned
Single
Judge to this extent.
11. Counsel for Union of India also admits that since each
and every individual case will have to be considered within
the parameters of the said policy, it would be appropriate
that a decision making is done by the Empowered
Committee by fixing a time frame as such. We are also of the
considered opinion that the findings as such that the
consideration was to be done by the Empowered Committee,
thus cannot be faulted in any manner, once it is the case of
the State also that they had forwarded their cases to the
Empowered Committee. If that is so, then the decision
making as such had to be done as per the parameters of the
notification and as noticed above, has now been done in one
case though, the rejection is here.
.
12. In such circumstances, we are of the considered opinion
that present LPAs are liable to be disposed of in the above
terms along with writ petitions that each and every individual
case has to be considered afresh by the Empowered
Committee. Let the said exercise be done within a period of
four months from today. Needless to say that it will be open
of
to the applicants, as such, to seek their remedy in
accordance with law in case there is rejection of their case.
13. All pending applications stand disposed of accordingly."
3.
rt
We are now further informed that a bunch of Special Leave
Petition(s) were also dismissed on 30.01.2026, the lead case of which is,
Union of India and another vs. Atul Sharma and others.
4. In view of the above, the present petitions are disposed of in
terms of the aforesaid judgment.
5. Pending miscellaneous application(s), if any, shall also stand
disposed of.
( G.S. Sandhawalia)
Chief Justice
( Bipin Chander Negi)
February 26, 2026 (KS/ST) Judge
