M/S Sanjay Verma Ajay Verma Vishal Thakur Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

M/S Sanjay Verma Ajay Verma Vishal Thakur Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without expressing opinion on merits; Collectors Northern Zone and Central Zone directed to convene a meeting on or before 31.08.2025 and decide the allotment of the Vend in issue to the private respondent in accordance with law, as expeditiously as possible and not later than 15th of September, 2025, adhering to the principles of natural justice; aggrieved parties left free to pursue available remedies; pending miscellaneous applications disposed of accordingly.

Issue for consideration

Whether the allotment of the sub-vend (L-14S Kheri of main vend L-14, Lathiani, District Una) to the private respondent is in violation of the Excise Policy of the State for the year 2025-26. +1 more

Court's answer

Without expressing any opinion on the respective contentions of the parties on merits, the Court disposed of the petition with a direction that a meeting of the Collectors Northern Zone and Central Zone be convened on or before 31.08.2025 and the matter of allotment of the Vend in issue to the private respondent be decided by them, in accordance with law, as expeditiously as possible and not later than 15th of September, 2025, adhering to the principles of natural justice.

Ratio / Principle

Since the authorities were to take a final call on the issue within a time-bound period, any aggrieved party thereafter can have recourse to such remedies as are available in law; this answered the prematurity objection without deciding the merits.

Key takeaways

Pending miscellaneous applications, if any, also stand disposed of in the same terms.ratio¶25

Detailed headnote1 paragraphs

Excise allotment — Writ petition challenging allotment of Sub-vend L-14S Kheri of main vend L-14, Lathiani, District Una, H.P., to private respondent as violative of State Excise Policy 2025-26 — Issue regarding grant of vend already pending adjudication before Collector Northern Zone and Collector Central Zone per reply of respondents No. 1 to 4 — Petition disposed of without expressing any opinion on merits; Collectors directed to meet on or before 31.08.2025 and decide the matter in accordance with law, adhering to natural justice, not later than 15.09.2025 — Aggrieved party free to avail available remedies thereafter. (HP High Court, 19.08.2025, Neutral Citation 2025:HHC:27883 — Ajay Mohan Goel, J.)

2025:HHC:27883

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 9177 of 2025

Decided on: 19.08.2025

M/s Sanjay Verma Ajay Verma Vishal Thakur … Petitioner

Versus

State of Himachal Pradesh and others

… Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

_____________________________________________________ For the petitioner : Mr. Ajay Vaidya, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General for respondents No. 1 to 4. : Mr. Arvind Sharma, Advocate for respondent No. 5. Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has assailed the allotment of Sub-vend at L-14S Kheri of main vend L-14, Lathiani, District Una, H.P. in favour of the private respondent. According to the petitioner, the allotment of this vend is in violation of the Excise Policy of the State for the year 2025-26.

Learned Counsel for the petitioner has drawn the attention of the Court to the reply filed by the respondents and has submitted that even the respondent-State admits that there is some issue with regard to the allotment of this particular Vend to the

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

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private respondent and the Collector Northern Zone and Collector Southern Zone are already seized of the matter. He submitted that said authorities be directed to take a final call on the matter and submit their report to the Court.

On the other hand, learned Additional Advocate General has submitted that the present petition is premature and the petitioner has approached the Court without exhausting the remedies available in law. He submitted that as the concerned authorities are seized of the matter, they obviously will decide the issue in accordance with law and there was no occasion for the petitioner to have had approached the Court at this stage.

Learned Counsel for the private respondent has submitted that there is no illegality in the grant of said Vend in favour of the private respondent and there is no merit in the present petition.

Having heard learned Counsel for the parties and taking into consideration the fact that in terms of the reply filed to the writ petition by respondents No. 1 to 4, as the issue with regard to the grant of said vend in favour of the private respondent is pending adjudication before the Collector Northern Zone and Collector Central Zone, this Court is of the considered view that it would be in the interest of justice, in case, said authorities are directed to take a final call on the issue within a time bound period and thereafter

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aggrieved party, if any, can have recourse to such remedies as are available in law.

Accordingly, without expressing any opinion on the respective contentions of the parties on merit, this petition is disposed of with the direction that let a meeting of Collectors Northern Zone and Central Zone be convened on or before 31.08.2025 and the matter related to the allotment of the Vend in issue in favour of the private respondent be decided by them, in accordance with law, as expeditiously as possible and not later than 15^th of September, 2025, by adhering to the principles of natural justice. Pending miscellaneous applications, if any, also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

August 19, 2025 ( narender )