Dismissed

State of Hp and Others v. Shakuntla Sharma

Himachal Pradesh HC13 Nov 2024CMP.M/838/2024

Case brief

AI extract

What is this about?

The High Court set aside a Single Judge judgment in CWP No. 7825 of 2023 that relied on a Division Bench judgment subsequently recalled. The Court revived the writ petition, restoring it to its original status for hearing on merits.

What did the court decide?

Set aside order dated 17.10.2023 in CWP No. 7825 of 2023; revived and restored to original status for hearing on merits on 19.11.2024.

State of Hp and Others Vs Shakuntla Sharma — Writ and Judicial Review | Himachal Pradesh HC (2024)

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Neutral Citation No. ( 2024:HHC:11430 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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LPA No. 369 of 2024 Date of Decision: 13.11.2024

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State of H.P and anr. ...appellants

Versus

Shakuntala Sharma

...Respondent

Coram

Hon’ble Mr Justice Vivek Singh Thakur, Judge.

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Hon’ble Mr Justice Rakesh Kainthla , Judge.

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Whether approved for reporting?¹

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For the Appellants : Mr. Varun Chandel, Additional Advocate General. For the Respondent : Mr. Ashish Verma, Advocate.

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Vivek Singh Thakur, Judge

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In this appeal, judgment dated 17.10.2023 passed in CWP

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No. 7825 of 2023 titled Shakuntla Sharma versus State of H.P has been assailed.

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It has been contended on behalf of the appellants that the impugned judgment was passed by the learned Single Judge with the observation that the issue involved in present matter was no more res integra as had already been adjudicated upon by the Division Bench of this Court in judgment dated 31.05.2023 passed in

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CWP No. 2108 of 2023 titled Bhagat Ram versus HRTC.

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

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Neutral Citation No. ( 2024:HHC:11430 )

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It has been submitted that as of now judgment dated 31.05.2023 passed in CWP No. 2108 of 2023 has been recalled and reviewed by the Division Bench vide judgment dated 30.08.2024 passed in Review Petition No. 98 of 2024 and CWP No. 2108 of 2023 has been restored to its original status for re-hearing. It has been informed that the said matter has been listed before the Division Bench on 19.11.2024.

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It is also apt to record that in present matter, CWP No. 7825 of 2023 was decided at the initial stage without waiting for reply on behalf of the respondent/State therein but on the basis of judgment passed in CWP No. 2108 of 2023.

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As no independent findings have been returned by the Learned Single Judge in the impugned judgment and the matter has been decided only on the basis of judgment dated 31.05.2023 passed in CWP No. 2108 of 2023, which has now been recalled and petition has been restored for hearing, we deem it fit to set aside the order dated 17.10.2023 passed in CWP No. 7825 of 2023 with observation that CWP No. 7825 of 2023 also deserves to be decided on merits either singally or along with CWP No. 2108 of 2023.

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Neutral Citation No. ( 2024:HHC:11430 )

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In view of above, writ petition is directed to be revived

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and restored to its original number with original status. Reply to the petition, if any, be filed well before the next date of hearing.

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Revived CWP no. 7825 of 2023 be listed for consideration

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on 19.11.2024 along with CWP No. 2108 of 2023 before the appropriate Bench.

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The present appeal is disposed of in aforesaid terms so also the pending miscellaneous applications, if any.

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(Vivek Singh Thakur) Judge

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( Rakesh Kainthla)

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Judge

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13^th November, 2024

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( saurav pathania )

State of Hp and Others v. Shakuntla Sharma

Case brief

What is this about?

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State of Hp and Others v. Shakuntla Sharma

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