Disposed¶20

Lal Chand v. the State of Hp and Another

Himachal Pradesh HC9 Apr 2025CWP/5530/2025

Case brief

AI extract

What is this about?

Transfer challenge; office order dated 07.04.2025 (Annexure P-5); withdrawal of transfer order qua petitioner; Lal Chand & Anr. v. State of H.P. & Anr., CWP No.3244 of 2025 (10.03.2025); personal hearing 26.04.2025; office letter 04.04.2025 (Annexure P-4); wife Smt. Divya; State of H.P.; grievance redressed; writ petition disposed of; pending miscellaneous applications disposed of; Himachal Pradesh High Court; Jyotsna Rewal Dua; service/transfer jurisprudence.

What did the court decide?

Office order dated 07.04.2025 (Annexure P-5) treated as withdrawn qua the petitioner; case of the petitioner and his wife to be considered in accordance with the directions in Lal Chand's case (CWP No.3244 of 2025); writ petition and pending miscellaneous application(s) disposed of. ¶20

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer of the petitioner under office order dated 07.04.2025 (Annexure P-5) was justified, taking note of the decision in Lal Chand & Anr. Versus State of H.P. & Anr. +1 more

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Court's answer

On instructions conveyed by the learned Deputy Advocate General, the office order dated 07.04.2025 (Annexure P-5) is to be treated as withdrawn qua the petitioner, which the Court accepted in disposing of the petition.

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Ratio / Principle

The case of the petitioner and his wife is to be considered in accordance with the directions issued in Lal Chand's case (CWP No.3244 of 2025, decided on 10.03.2025).

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Key takeaways

Since the grievance of the petitioner has been redressed, the present writ petition stands disposed of, and pending miscellaneous application(s), if any, also stand disposed of.ratio¶20

Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRADESH, SHIMLA (Jyotsna Rewal Dua, Judge) — CWP No.5530 of 2025, Lal Chand v. State of H.P. and another, decided 9th April, 2025. Writ petition challenging the petitioner's transfer under office order dated 07.04.2025 (Annexure P-5), filed taking note of the decision in Lal Chand & Anr. Versus State of H.P. & Anr. (CWP No.3244 of 2025, decided on 10.03.2025) and an office letter dated 04.04.2025 (Annexure P-4) fixing personal hearing of the petitioner and his wife Smt. Divya on 26.04.2025. On instructions, the learned Deputy Advocate General stated that the office order dated 07.04.2025 be treated as withdrawn qua the petitioner and that the case of the petitioner and his wife would be considered in accordance with the directions in Lal Chand's case. Holding the grievance redressed, the Court disposed of the writ petition along with pending miscellaneous application(s).

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.5530 of 2025

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Decided on: 9^th April, 2025

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------------------------------------------------------------------------------------- Lal Chand …..Petitioner

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Versus

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State of H.P. and another .....Respondents

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------------------------------------------------------------------------------------Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Vaibhav Tanwar, Advocate.

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For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge

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Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

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2. When the matter was taken up in forenoon session, learned Deputy Advocate General was directed to have instructions in the matter about the justification of transferring the petitioner under office order dated 07.04.2025 (Annexure P-5) taking note of the decision in Lal Chand & Anr. Versus State of H.P. & Anr.² and office

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2 CWP No.3244 of 2025, decided on 10.03.2025

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letter dated 04.04.2025 (Annexure P-4), whereunder petitioner and his wife-Smt. Divya have been called to attend personal hearing on 26.04.2025.

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3. Learned Deputy Advocate General submits that she has instructions to state that office order dated 07.04.2025 (Annexure P-5) be treated to have been withdrawn qua the petitioner. She further submits that the case of the petitioner and his wife will be considered in accordance with the directions issued in Lal Chand’s² case.

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In view of above, since the grievance of the petitioner has been redressed, the present writ petition to stand disposed of. Pending miscellaneous application(s), if any, also stand disposed of.

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Jyotsna Rewal Dua April 09, 2025 Judge Mukesh

Lal Chand v. the State of Hp and Another

Case brief

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Lal Chand v. the State of Hp and Another

Case brief

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What the court decided

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