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2025 DAILYLAW 15612 (HP)

NARDEEP SINGH v. THE STATE OF HP AND OTHERS

CWP/8833/2025 · 2025-06-05

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8833 of 2025 Decided on: 05.06.2025 Nardeep Singh … 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. Kulwant Singh Gill, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. By way of this writ petition, the petitioner has primarily prayed for the following relief:- “It is, therefore, most respectfully prayed that this writ petition may very kindly be allowed and writ of mandamus or any other appropriate writ, order or direction as this Hon'ble Court deems just and proper in the facts and circumstances of the case may very kindly be issued to the respondents to the following effect: a) That Impugned order dated 19.05.2025 may kindly be set aside. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 b) That compensation to the tune of loss occurred during the illegal closer of the shop may be awarded to the petitioner.” 3. The impugned order, i.e. order dated 19.05.2025, has been passed by the Sub Divisional Magistrate, Jawalamukhi Sub Division, District Kangra, Himachal Pradesh, in exercise of powers conferred upon it under Section 163 of the Bhartiya Nagrik Suraksha Sanhita, 2023. In light of this fact, this Court is of the considered view that as the order, which stands assailed by way of this petition, has been issued under Section 163 of the Bhartiya Nagrik Suraksha Sanhita, this writ petition is not maintainable as the petitioner has the remedies in terms of the provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023. 4. Faced with this situation, learned Counsel for the petitioner prays for and is permitted to withdraw this petition, with liberty to file a fresh petition on the same cause under the relevant provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 05, 2025 (narender)