Tilak Raj Vs the State of Hp and Another — Himachal Pradesh HC (2024) — LawSathi Research

Tilak Raj Vs the State of Hp and Another — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Competent Authority to decide the petitioner's representation (Annexure P-4), in terms of the averments made therein and taking into consideration the judgment relied upon by the petitioner, within a period of six weeks; pending miscellaneous applications, if any, disposed of accordingly.

Issue for consideration

Whether the petitioner's prayer is squarely covered by the judgment passed by the Hon'ble Division Bench of this Court in CWP No. 2004 of 2017 (Taj Mohammad and others versus State of Himachal Pradesh and others, decided on 03.08.2023). +1 more

Ratio / Principle

Without expressing any opinion on the merit of the case, this petition is disposed of with the direction that the representation (Annexure P-4) made by the petitioner be decided by the Competent Authority, in terms of the averments made therein, taking into consideration the judgment relied upon by the petitioner, within a period of six weeks from the date of the order.

Key takeaways

The Court expressly refrained from expressing any opinion on the merit of the case while disposing of the petition.ratio¶19
Pending miscellaneous applications, if any, also stand disposed of accordingly.ratio¶21

Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRDESH AT SHIMLA — CWP No. 6174 of 2024 (Tilak Raj versus State of Himachal Pradesh and another), decided on 03.07.2024 by Hon'ble Mr. Justice Ajay Mohan Goel (Oral). Without expressing any opinion on the merit of the case, the petition was disposed of with the direction that the representation (Annexure P-4) made by the petitioner be decided by the Competent Authority, in terms of the averments made therein, taking into consideration the judgment relied upon by the petitioner — the Division Bench judgment in CWP No. 2004 of 2017 (Taj Mohammad and others versus State of Himachal Pradesh and others, decided on 03.08.2023) — within a period of six weeks. Pending miscellaneous applications, if any, stood disposed of accordingly. For petitioner: Mr. Aditya Chouhan, Advocate; for respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajpal Thakur, Additional Advocate General.

2024:HHC:4358

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 6174 of 2024 Decided on 03^rd July, 2024 Tilak Raj …Petitioner Versus State of Himachal Pradesh and another Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1Whether approved for reporting?

For the petitioner:	Mr. Aditya Chouhan, Advocate.
For the respondents:	Mr. Anup Rattan, Advocate General, with Mr. Rajpal Thakur, Additional Advocate General.

Ajay Mohan Goel, Judge (Oral )

Issue notice. Mr. Rajpal Thakur, learned Additional

Advocate General, accepts notice on behalf of respondents.

2. Learned counsel for the petitioner submits that the

prayer made herein is squarely covered by the judgment passed by Hon’ble Division Bench of this Court in CWP No. 2004 of 2017 alongwith connected matters, titled Taj

Mohammad and others versus State of Himachal Pradesh and

others, decided on 03.08.2023. He further submits that the representations (Annexure P-4) has also been made by the

petitioner in this regard and it would be in the interest of justice,

2

in case, this petition is disposed of with the direction that let representation of the petitioner be decided by the Competent Authority, in terms of the averments made in the representation

as well as the judgment being relied upon by him.

3. Without expressing any opinion on the merit of the case, this petition is disposed of with the direction that let the representation (Annexure P-4.) made by the petitioner be decided by the Competent Authority, in terms of the averments made therein, taking into consideration the judgment being relied upon by the petitioner therein, within a period of six weeks from today.

4. Pending miscellaneous applications, if any, also

stand disposed of accordingly.

(Ajay Mohan Goel) Judge

July 03, 2024 (Vinod)