Disposed

Dami Lama v. State of Hp and Others

Himachal Pradesh HC10 Mar 2023CWP/978/2023

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What is this about?

The petitioner, a permanent resident of District Kullu for over 30 years, sought a bonafide resident certificate. The court relied on a prior Division Bench judgment stating 20 years of residence suffices and directed authorities to examine the grievance and issue the certificate within one month.

What did the court decide?

Directed respondent No.3 to examine the petitioner's grievance and issue a bonafide resident certificate or pass a speaking order to the contrary within one month.

Dami Lama 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.978 of 2023

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Decided on : 10^th March, 2023

Dami Lama

...Petitioner.

Versus

State of H.P. and ors.

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...Respondents.

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Coram:

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

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Whether approved for reporting?¹

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For the petitioner : Mr. Abhyendra Gupta, Advocate. For the respondents : Mr. Anup Rattan, A.G. with 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 (Dami Lama), inter alia, with the prayer that the respondents may be directed to issue bonafide certificate in his favour with immediate effect. The contention of the petitioner is that he is a permanent resident of Village and P.O. Manikaran, Tehsil Bhuntar, District Kullu, H.P.. and that he has been residing in District Kullu for last more than 30 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 Kumar & others vs. The State of Himachal Pradesh & others , wherein this Court, on the

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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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 his 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 to stand disposed of.

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(Tarlok Singh Chauhan) Judge

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10^th March, 2023 (Virender Singh) (mamta) Judge

Dami Lama v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Dami Lama 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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