Petitioner sought a bonafide Himachali certificate under Article 226. Court noted the issue was already adjudicated in a prior Division Bench judgment and directed authorities to decide the current petition in light of that precedent.
Petition disposed of; Direction to consider case in light of Ashwani Kumar v. State of HP within four weeks.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 3120 of 2024 Decided on: 18.04.2024
________________________________________________________ Tara Devi ……….. Petitioner Versus State of HP & Ors. Respondents ________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?1 For the petitioners : Mr. P.P. Chauhan, Advocate. For the respondents : Mr. Rajan Kahol, Mr. B.C. Verma, Mr. Vishal Panwar, Additional Advocate General, with Mr. Ravi Chauhan, Deputy Advocate General.
________________________________________________________ Sandeep Sharma, Judge ( oral)
Being aggrieved and dissatisfied with non-issuance of Bona-fide Certificate, petitioner, who is Nepali and has been residing in State of Himachal Pradesh, for more than 23 years, has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following main relief:
“(i) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents to issue bonafide himachali certificate to the petitioner with all consequential benefits for all purposes and intents.
(ii) to issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioners in the circumstances of the case and may pass such further writ, order or orders as this Hon'ble Court may deem fit, proper, just and expedient in the circumstances of th case
1 Whether the reporters of the local papers may be allowed to see the judgment?
(iii) to award the costs of this writ petition to the petition”
and Ors. , and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide case of the petitioner in light of the aforesaid judgments. Mr. Rajan Kahol, learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioner.
(Sandeep Sharma) Judge
April 18, 2024 (sunil)
1 issue framed by the court
Whether the petitioner is entitled to a bonafide Himachali certificate.
Colour shows how this judgement treated each authority
Ashwani Kumar v. State of Himachal PradeshReferred¶10
CWP No. 3517 of 2020, titled Ashwani Kumar v. State of Himachal Pradesh and Ors, dated 13.10.2020
1 provisions across 1 enactments
Tara Devi
State of HP & Ors.
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
