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High Court of Himachal Pradesh · body

2025 DAILYLAW 10188 (HP)

Jeeta Ram v. STATE OF HP

CMP-T/190/2025 · 2025-09-15

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Jeeta Ram vs. State of H.P. & another CWPOA No. 4863 of 2019 15.09.2025 Present: Mr. P.D. Nanda, Advocate, for the petitioner. Mr. Amandeep Sharma, Addl. A.G., for the respondents. CMP(T) No. 190 of 2025 By way of this application, a prayer has been made to amend the petition. It is averred that initially, the petition filed by the petitioner was allowed by this Court vide judgment dated 17.8.2012, however, the judgment passed by the leaned Single Judge was assailed in LPA No. 40 of 2013 and the Hon’ble Division Bench while disposing of the said LPA vide order dated 29.5.2013 remanded back the matter to this Court to reconsider the matter in view of the contention raised by the respondent-State. It has been submitted that the State was following the policy dated 13.9.1996, under which, the petitioner was to get benefit but the petitioner in earlier petition could not bring this fact on record. As per petitioner, to bring his case within the purview of policy dated 13.9.1996, the amendments as proposed are necessary. Reply has been filed to this application by the respondents and the claim of the petitioner on merit has been sought to be contested. Having considered the record, I find that the amendment if allowed will not change the nature of the dispute between the parties, rather disallowance of the prayer made in the application may lead the petitioner to multiplicity of litigation. The amendment as proposed by way of this application will be necessary for complete and effective adjudication of the matter in controversy. Accordingly, the application is allowed. The amendment as proposed in the petition is ordered to be incorporated. Amended petition has been filed and is taken on record. The application stands disposed of. CWPOA No. 4863 of 2019 Reply to the amended petition be filed within four weeks. List on 15.10.2025. (Satyen Vaidya) Judge 15th September, 2025 (kck)