Disposed

Anoop Kumar Handa v. Hp State Pollution Control Board and Another

Himachal Pradesh HC13 Dec 2023CWP/9939/2023

Case brief

AI extract

What is this about?

The Single Judge bench, without evaluating merits, permitted the petitioner to file a fresh representation alongside a pending appeal. It directed the Member Secretary to examine the grievance at the appropriate level and pass orders within six weeks, disposing of the Writ Petition accordingly.

What did the court decide?

Permission granted to make a fresh representation within ten days; direction to Member Secretary to examine grievance and pass orders within six weeks.

Anoop Kumar Handa Vs Hp State Pollution… — Writ and Judicial Review | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 9939 of 2023 Decided on: 13^th December, 2023

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__________________________________________________________ Anoop Kumar Handa ....Petitioner Versus Himachal Pradesh State Pollution Control Board & Anr. ……Respondents

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Coram

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Hon’ble Mr. Justice Ranjan Sharma, Judge

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1 Whether approved for reporting?

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For the petitioner: Mr. Surinder Kumar Saklani, Advocate. For the respondent: Mr. Dhiraj Thakur, Advocate, for respondent No.1. Mr. Vishal Panwar, Additional Advocate General for respondent No.2.

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Ranjan Sharma, Judge (Oral)

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Notice. Mr. Dhiraj Thakur, Advocate, and Mr. Vishal Panwar, learned Additional Advocate General, appear and waive service of notice on behalf of the respondent No.1 and respondent No.2 respectively.

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Without going into the merits of the case,

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

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learned counsel for the petitioner submits that he had made a representation dated 18.10.2023, Annexure P-6, to the Chairman of the H.P. State Pollution Control Board, Shimla, which is stated to be still pending.

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Per contra, Mr. Dhiraj Thakur, Learned Counsel submits that the representation dated 18.10.2023, Annexure P-6 , has been made to the Chairman but the grievance of the petitioner is in fact to be examined by the Secretary of the H.P. State Pollution Control Board and the Service Committee i.e respondent No.2.

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Learned counsel for the petitioner further submits that Service Committee has already passed the resolution approving the claimed benefits, which are borne out from the records, Annexures P-2 to P-5.

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At this stage, Mr. Surinder Kumar Saklani, learned Counsel submits that he may be permitted to make a fresh representation, in addition to the pending representation dated 18.10.2023, Annexure P-6 , within a stipulated period. The prayer so made, being innocuous is not opposed by Mr. Dhiraj Thakur, Advocate.

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In view of above, this Court permits the

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petitioner to make fresh representation, in addition to the representation dated 18.10.2023, Annexure P-6 , within

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ten days from today; with further directions to Member Secretary Himachal Pradesh State Pollution Board to consider/examine the grievance(s) of the petitioner at its own level or at Higher Governmental Level or level of Service Committee and then to pass appropriate orders in the matter within six weeks from today.

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In aforesaid terms, the Writ Petition as well as the pending miscellaneous application(s), if any, also stand disposed of, accordingly.

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(Ranjan Sharma) Judge

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December 13, 2023 (himani)

Anoop Kumar Handa v. Hp State Pollution Control Board and Another

Case brief

What is this about?

What did the court decide?

Anoop Kumar Handa v. Hp State Pollution Control Board and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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