Disposed

The Hpsebl v. Neel Kanth Dutta

Himachal Pradesh HC17 Dec 2024LPA/354/2024

Case brief

AI extract

What is this about?

This appeal sought challenge to a judgment disposing of a writ petition based on relief granted in two other writ petitions. The High Court set aside the impugned judgment in light of a subsequent review order recalling one of the relied-upon orders, and restored the writ petition to file.

What did the court decide?

Impugned judgment dated 31.10.2023 set aside; CWP No. 8193 of 2023 restored to file to be listed along with CWP No. 2108 of 2023.

The Hpsebl Vs Neel Kanth Dutta — Public Procurement and Tenders | Himachal Pradesh HC (2024)

¶1

2024:HHC:14820

¶2

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶3

LPA No. 354 of 2024

¶4

Date of decision: 17.12.2024

¶5

HPSEBL.		…Appellant.
	Versus
Neel Kanth Dutta.		…Respondent.
*Corum*

¶6

Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

¶7

Hon’ble Mr. Justice Rakesh Kainthla, Judge.

¶8

Whether approved for reporting?¹

¶9

For the Appellant. Ms.Sunita Sharma, Senior Advocate, alongwith Mr.Dhananjay Sharma, Advocate.

¶10

For the Respondent : Mr.Prakash Sharma, Advocate.

¶11

Vivek Singh Thakur, Judge (Oral)

¶12

Present appeal has been preferred against the judgment dated

¶13

31.10.2023 passed in CWP No. 8193 of 2023, titled as Neel Kanth Dutta Vs.

¶14

H.P. State Electricity Board Ltd., whereby petition filed by respondent has

¶15

been allowed in terms of relief granted to the petitioners in CWP No. 2108 of 2023, titled as Bhagat Ram Vs. HRTC, decided on 31.5.2023 and CWP No. 2421 of 2023, titled as Amar Chand Vs. HRTC & others, decided on

¶16

15.6.2023.

¶17

1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes

¶18

¶19

2024:HHC:14820

¶20

LPA No. 354 of 2024

¶21

It has been submitted by learned counsel for the parties that at the time of passing of judgment dated 31.10.2024, it was agreed between the parties that similarly situated petitioners have been granted relief in CWP Nos. 2108 of 2023 and 2421 of 2023 and accordingly petition was disposed of.

¶22

It has been submitted by learned counsel for the appellant that judgment in CWP Nos. 2108 of 2023 has been set aside by Division Bench of this Court in Review Petition No. 98 of 2024, titled as HRTC Vs. Bhagat Ram on 30.8.2024. Review Petition No. 98 of 2024 has been allowed in following

¶23

terms:-

¶24

“6. Though the learned Counsel for the respondent in the Review Petition opposed the review of the said order, since the review petitioner contends that proper opportunity was not given to contest the matter and that there are certain financial implications for the Corporation, we deem it appropriate to review our order dt. 31.05.2023, passed in CWP no. 2108 of 2023. Accordingly, the said order is recalled and CWP no. 2108 of 2023 is restored to the file of the Court. The Review petitioners/respondents in the Writ petition shall file reply in the matter placing all facts on record by 25.09.2024.”

¶25

In view of above development, as agreed between the parties, judgment dated 31.10.2023 passed in CWP No. 8193 of 2023 is set aside and CWP No. 8193 of 2023 is ordered to be restored to its original status with original number with direction to be listed before the appropriate Bench alongwith CWP No. 2108 of 2023 on 24^th December, 2024.

¶26

¶27

2024:HHC:14820

¶28

LPA No. 354 of 2024

¶29

Appellant-respondent Board shall make endeavor to file reply in

¶30

the CWP No. 8193 of 2023 before next date of hearing.

¶31

Appeal is disposed of in aforesaid terms, so also pending

¶32

application(s), if any.

¶33

(Vivek Singh Thakur), Judge.

¶34

(Rakesh Kainthla), Judge.

¶35

12^th December, 2024

¶36

(Keshav)

The Hpsebl v. Neel Kanth Dutta

Case brief

What is this about?

What did the court decide?

The Hpsebl v. Neel Kanth Dutta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

State of Hp and Anr. Vs Rajpaul Sharma and Ors.

Ajay Kumar Vs the State of Hp and Others

Sapna Devi Vs Ravinder Kumar

State of Hp Vs Ajay Bahadur Kharka

State of Hp Vs Prem Roqa

The Hpsebl Vs Ramesh Chand Parihar