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2025 DAILYLAW 13891 (HP)

NARENDER KUMAR v. RAKESH KANWAR

COPC/503/2025 · 2025-06-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA COPC No. 503 of 2025 Decided on: 05.06 2025 _________________________________________________________________ Narender Kumar ....Petitioner Versus Rakesh Kanwar …Respondent _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Umesh Kanwar, Advocate. For the respondent: Mr.Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner had alleged violation of Narender Kumar Vs. State of HP and Ors2. 2. Petitioner’s grievance is that despite specific directions in the aforesaid decision, respondents have not passed the consideration order. 3. When the matter was taken up on 28.05.2025, learned Additional Advocate General had placed on record a 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2 CWP No.5119 of 2025 decided on 07.04.2025 - 2 - speaking order dated 27.05.2025, purportedly passed in compliance to the aforesaid decision. Since the speaking order was not in conformity with the decision in Narender Kumar2, respondents were directed to have fresh instructions in the matter. 4. During the course of hearing today, learned Assistant Advocate General submitted that respondent intends to proceed in the matter afresh after giving an opportunity of hearing to the petitioner, whereafter, speaking order shall be passed in the matter afresh; For the aforesaid purpose, matter has been fixed before the Competent Authority on 06.06.2025 and fresh speaking order shall be passed within a week thereafter. 5. Since the respondents now intend to comply with the decision in Narender Kumar2 in letter and spirit within one week, therefore, the present proceedings are closed at this stage. Notice issued to the respondent is discharged. It is expected from the respondent to hear the petitioner and pass fresh speaking order strictly in consonance with the decision in Narender Kumar2 by 13.06.2025. Copy of order so passed, be communicated to the petitioner. However, - 3 - liberty is reserved to the petitioner to seek appropriate remedy, for redressal of his surviving grievances, if any, in accordance with law. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge June 5, 2025 R.Atal