Dismissed

Vinod Chauhan v. State of Hp and Others

Himachal Pradesh HC6 Jul 2023CWP/143/2023

Case brief

AI extract

What is this about?

In CWP No. 143 of 2023, the petitioner sought allotment of a shop and directions to carry on business. Respondents offered to hand over possession to petitioner since the highest bidder did not appear. Court ordered possession handed over by 15.07.2023 and disposed of the petition.

What did the court decide?

The possession of the shop be handed over to the petitioner latest by 15.07.2023.

Vinod Chauhan Vs State of Hp and Others — Landlord and Tenant | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.143 of 2023. Date of decision: 06.07.2023.

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Vinod Chauhan …..Petitioner.

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Versus

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State of Himachal Pradesh and others …..Respondents. Coram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?¹ No

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For the Petitioner : Mr. Surender Verma, Advocate. For the Respondents : Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General, Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for respondent No.1. Mr. Inderjit Singh Narwal, Advocate, for respondent Nos. 2 and 3.

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Tarlok Singh Chauhan, Judge (Oral)

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CMP No. 8113 of 2023.

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Learned counsel for the applicant-petitioner states that

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he is under instructions not to press this application. Consequently,

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the application is dismissed as not pressed.

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1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes

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CWP No. 143 of 2023.

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The instant petition has been filed for grant of the following substantive reliefs:

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“(a) That the writ petition may kindly be allowed and writ in the nature of mandamus may very kindly be issued, directing the respondents to allot the shop No.20 in the favour of the petitioner. Further direction be given to the respondent department that the petitioner may not be compelled/forced to restrain from doing his business till the final disposal of this writ petition.

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(b) That the present writ petition may kindly be allowed in favour of the petitioner by directing the respondents to carry on his business at Phard No.5 and the Annexure P-6 of the petition may kindly be stayed during the pendency of this writ petition.

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(c) That the respondent department may very kindly be directed to reorganize the auction process for the said shop No.20 and given the advantage to the petitioner therein and produced the entire record pertaining to the case of the petitioner for the kind perusal of this Hon’ble Court.”

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Learned counsel for respondent Nos. 2 and 3 fairly submits that since the highest bidder i.e. respondent No.4 is not turning up to take possession of the shop in question, therefore, these respondents have left with no other option, but to hand over the possession of the shop to the petitioner.

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In this view of the matter, no further orders are required

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to be passed in this petition, save and except, that the possession

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of the shop be handed over to the petitioner latest by 15.07.2023.

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The writ petition is disposed of in the aforesaid terms,

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so also the pending application(s), if any.

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(Tarlok Singh Chauhan) Judge

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(Satyen Vaidya)

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Judge

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6^th July, 2023. ( krt )

Vinod Chauhan v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Vinod Chauhan v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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