Kailash Chand and Others Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

Kailash Chand and Others Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the petitioners to file representations within one week seeking consideration of their case in light of the judgment in Bhagat Ram (CWPOA No.1007 of 2019); respondents to decide the representations within eight weeks after affording an opportunity of hearing and passing a detailed speaking order; liberty reserved to pursue appropriate proceedings if still aggrieved; pending applications, if any, disposed of.

Issue for consideration

Whether the petitioners may be permitted to make representations to the respondents for redressal of their grievance in terms of the judgment dated 28.09.2023 in CWPOA No.1007 of 2019 (Bhagat Ram), with the representations to be decided in a time bound manner.

Court's answer

The Court sees no impediment in accepting the petitioners' prayer and disposes of the petition with liberty to file representations to the respondents within one week, praying for consideration of their case in light of the Bhagat Ram judgment, which the respondents shall decide within eight weeks.

Ratio / Principle

While deciding the representations, the authority concerned shall afford an opportunity of hearing to the petitioners and pass a detailed speaking order, taking note of the judgment in Bhagat Ram (supra), wherein the issue sought to be raised already stands adjudicated.

Key takeaways

Liberty is reserved to the petitioners to file appropriate proceedings in an appropriate court of law if they still remain aggrieved; pending applications, if any, also stand disposed of.ratio¶16

Detailed headnote1 paragraphs

CWP disposed of on the basis of an innocuous prayer and the fair stand of the Deputy Advocate General: petitioners granted liberty to file representations within one week seeking redressal of their grievance in terms of the judgment dated 28.09.2023 in CWPOA No.1007 of 2019 (Bhagat Ram and others vs. State of Himachal Pradesh), which was upheld by the Division Bench in LPA No.315 of 2024; respondents to decide such representations within eight weeks in accordance with law, after affording an opportunity of hearing and by passing a detailed speaking order taking note of the Bhagat Ram judgment, wherein the issue already stands adjudicated; liberty reserved to the petitioners to move the appropriate court if still aggrieved; pending applications disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.3673 of 2025

Date of Decision: 18.03.2025

____________ ___________________________________________ Kailash Chand & others …….Petitioners Versus State of Himachal Pradesh & another … Respondents _______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

For the Petitioners: Mr. Parav Sharma and Mr. Rupesh Kumar, Advocates. For the Respondents : Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge (oral):

Learned counsel representing the petitioners, on instructions, states that the petitioners would be content and satisfied in case they are permitted to make representations to the respondents for redressal of their grievance in terms of judgment dated 28.09.2023 passed by this Court in CWPOA No.1007 of 2019, titled as Bhagat Ram and others vs. State of Himachal Pradesh

alongwith connected matters, which has been further upheld by

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

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Division Bench of this Court in LPA No.315 of 2024, tilted as State of Himachal Pradesh versus Bhagat Ram, with the direction to the respondents to decide the same in a time bound manner

Mr. Ravi Chauhan, learned Deputy Advocate General, while putting appearance on behalf of the respondents, fairly states that representations, if any, filed by the petitioners shall be decided in accordance with law.

Consequently, in view of afore innocuous prayer made on behalf of the petitioners and fair stand taken by learned Deputy Advocate General, this Court sees no impediment in accepting the prayer made on behalf of the petitioners and accordingly, the present petition is disposed of, with liberty reserved to the petitioners to file representation to the respondents within a period of one week, praying therein for consideration of their case in light of judgment passed by this Court in Bhagat Ram case(supra), which in turn, shall be decided by the respondents within a period of eight weeks. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon, taking note of the judgment rendered by this Court in Bhagat Ram case (supra), wherein issue otherwise sought to be decided in the instant proceedings already stands adjudicated. Liberty is reserved to the

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petitioners to file appropriate proceedings in appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand

disposed of.

(Sandeep Sharma), Judge

March 18,2025 (shankar)