Disposed

Pema Dolma v. State of Hp and Others

Himachal Pradesh HC7 Mar 2023CWP/905/2023

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What is this about?

In a writ petition, the High Court of Himachal Pradesh directed the respondent-authorities to examine the petitioner's claim for a bonafide resident certificate, relying on a prior judgment establishing residency rights for those living in the state for over 20 years.

What did the court decide?

Direction to respondent No.3 to examine the petitioner's case for issuance of bonafide resident certificate within one month.

Pema Dolma Vs State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 905 of 2023 Decided on: 07.03.2023 Pema Dolma …Petitioner Versus State of H. P. & Ors. …Respondents

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Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹^No.

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For the Petitioner : Mr. Bonit Thakur, Advocate, vice Mr. A. K. Gupta, Advocate.

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For the Respondents : Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Mr. Y. W. Chauhan, Sr. Addl. A.G., Mr. J. S. Guleria, Dy. A.G. and Mr. Rajat Chauhan, Law Officer.

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Tarlok Singh Chauhan, Judge (Oral)

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This petition has been filed by the petitioner (Pema Dolma), inter alia , with the prayer that the respondents may be directed to issue bonafide certificate in her favour with immediate effect. The contention of the petitioner is that she is a permanent resident of Village and P. O. Manikaran, Tehsil Bhuntar, District Kullu, H.P. and that she has been residing at the present place for last more than 20 years. Reliance has been placed on the judgment dated 13.10.2020, passed by Division Bench of this Court in CWP No.3517 of 2020, titled Ashwani

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Kumar & others vs. The State of Himachal Pradesh &

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

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others , wherein this Court, on the analysis of the law on the subject, held that a person residing in the State of Himachal Pradesh for a period of 20 years or more would be entitled to be treated as bonafide resident of the State. The learned counsel for the petitioner states that the petitioner would be satisfied if her case is considered by the respondents-authorities.

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Having regard to the above submissions, we dispose of this writ petition by directing respondent No.3 to examine the grievance of the petitioner in the light of the aforesaid judgment for issuance of bonafide resident certificate or otherwise by a speaking order within a period of one month from the date of production of a copy of this order.

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

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(Tarlok Singh Chauhan) Judge

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(Virender Singh) 7^th March, 2023 Judge

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(sanjeev)

Pema Dolma v. State of Hp and Others

Case brief

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Pema Dolma v. State of Hp and Others

Case brief

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