Dolma Devi Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Dolma Devi Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without adjudicating merits, with direction to the respondents to consider and decide the petitioner's case in light of Sunder Singh (supra) expeditiously, preferably within four weeks, after affording her an opportunity of being heard and passing a speaking order; pending applications, if any, stand disposed of.

Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's case in light of the Hon'ble Apex Court's judgment in Sunder Singh Vs. State of Himachal Pradesh & Ors. (Civil Appeal No. 6309 of 2017) within a time bound manner.

Court's answer

This Court found that the issue raised in the instant petition already stands adjudicated in the judgment rendered by the Hon'ble Apex Court in Sunder Singh, and that no prejudice would be caused to either party in directing the respondents to consider and decide the petitioner's case in light of that judgment.

Ratio / Principle

Without going into the merits of the case, the present petition is disposed of with a direction to the respondents to consider and decide the petitioner's case in light of Sunder Singh (supra), expeditiously, preferably within a period of four weeks.

Key takeaways

The authority concerned, while doing the needful in terms of the order, shall afford the petitioner an opportunity of being heard and pass a speaking order thereafter.ratio¶7

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla — CWP No.11303 of 2025, decided 15.07.2025 (Sandeep Sharma, J.) — Dolma Devi v. State of Himachal Pradesh & Ors. Before any reply from the respondents was received, counsel for the petitioner relied on the Hon'ble Supreme Court's judgment in Civil Appeal No. 6309 of 2017, Sunder Singh Vs. State of Himachal Pradesh & Ors., submitting that the issue raised in the petition already stood adjudicated therein, and sought directions to the respondents to consider her case in light of that judgment in a time bound manner. Having perused the said judgment vis-à-vis the issue raised, the Court found the issue already adjudicated by the Apex Court and held that no prejudice would be caused in directing consideration in its light. Without going into the merits, the Court disposed of the petition with a direction to the respondents to consider and decide the petitioner's case in light of Sunder Singh (supra), expeditiously, preferably within four weeks, affording her an opportunity of being heard and passing a speaking order thereafter. Pending applications, if any, stand disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.11303 of 2025 Date of Decision: 15.07.2025

_____________________________________________________________________ Dolma Devi ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Babita Chauhan, Advocate. For the respondent: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Tek Ram Sharma, Advocate, for respondent No.4. ___________________________________________________________________________ Sandeep Sharma, J. (Oral)

Before reply, if any, from the respondents could be received, learned counsel representing the petitioner, while inviting attention of this Court to judgment passed by Hon’ble Apex Court in Civil Appeal No. 6309 of 2017 titled Sunder Singh Vs. State of Himachal Pradesh & Ors. , states that issue raised in the instant proceedings already stands adjudicated by Hon’ble Apex Court in Sunder Singh ( supra ) and as such, petitioner would be content and satisfied in case directions are issued to the respondents to consider the case of the petitioner in light of aforesaid judgment in a time bound manner.

2

Having perused aforesaid judgment sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgment rendered by the Hon’ble Apex Court 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 judgment.

Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the case of the petitioner in light of Sunder Singh (supra) , expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order thereafter. Pending applications, if any, stand disposed of.

July 15, 2025 (sunil)

(Sandeep Sharma), Judge