CIVIL APPEAL 10003 of 2013 on 31 December 2013

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CWP No. 10003 of 2013

Date of Decision: 31.12.2013

Sh.Amar Nath & others.

……Petitioners.

Versus

State of H.P. & Others …..Respondents.

Coram:

The Hon’ble Mr. Justice Sanjay Karol, Judge. The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.

Whether approved for reporting?[1]No.

For the Petitioner: Mr. A.K.Gupta, Advocate.

For the Respondents: Mr.R.M.Bisht, Deputy Advocate General with Mr.J.S.Guleria, Assistant Advocate General.

Sanjay Karol, J (oral)

Learned counsel for the petitioners, under instructions, does not press the present petition and submits that petitioners shall approach the respondents clearly bringing out the circumstances under which their case is covered by the decision rendered by this Court in CWP No.2735 of 2010, titled as Rakesh Kumar Versus State of H.P. & others, along with connected matters, on 28.07.2010 and decision rendered by the Apex Court in Special Leve to Appeal (Civil) No(s).21939-22009/2011, titled as State of H.P. & ors. Versus Som Nath & ors. Etc., on 07.05.2013.

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

2. No other point is urged.

3. Leaving the questions of law open, it is open for the petitioners to approach the respondents, as prayed for. As and when any request is received by the appropriate authority, the same shall be considered on its merits, in accordance with law, also keeping in view the ratio of law laid down by the Apex Court in Jai Dev Gupta versus State of Himachal Pradesh, AIR 1998 SC 2819, within a period of eight weeks, by affording adequate opportunity of hearing/representation to the petitioners. Needless to add, the authorities shall pass a reasoned order, which shall be communicated to all concerned.

With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any.

( Sanjay Karol), Judge.

December 31, 2013.

(Purohit)

(Dharam Chand Chaudhary), Judge. Judge.