Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9474 of 2025
Decided on: 6th June, 2025 ------------------------------------------------------------------------------------- Chinta Devi
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Suneet Goel, Senior Advocate with
Mr. Vishwas Kaushal, Advocate.
For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
Keeping in view the submissions made by learned counsel on both sides as also the controversy involved in the case, reply is not required to be called from the respondents.
2.
Petitioner had preferred CWP No.10347 of 2024 seeking applicability of the decision rendered in Sanjay
1Whether reporters of print and electronic media may be allowed to see the order? Yes.
2
Kumar Versus State of Himachal Pradesh & others2. The writ petition was disposed of on 18.09.2024 with direction to the respondents to consider the case of the petitioner in light of the above decision. Petitioner’s present grievance is to the consideration order passed by the respondents on 17.01.2025 (Annexure P-5), rejecting her case.
3.
Learned Senior Counsel for the petitioner submits that similar order as impugned in the present petition was subject matter of consideration in Baljeet Kumar Versus State of H.P. & Anr.3. The impugned order therein was quashed and set aside with costs. Respondents were further directed to decide the representation of the petitioner therein afresh in accordance with law keeping in view the decision rendered in Sanjay Kumar2 within three weeks.
4.
Following the ratio of the decision in Baljeet Kumar-, this writ petition is also allowed. Impugned order dated 17.01.2025 (Annexure P-5) is quashed and set aside. Respondents are directed to consider and decide the representation of the petitioner afresh in accordance with law keeping in view the decision rendered in Sanjay Kumar2
2 CWPOA No.5536 of 2020, decided alongwith connected matters on 01.11.2023 3 CWP No.7900 of 2025, decided on 20.05.2025
3
within three weeks from today. The decision so arrived at shall also be communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua June 06, 2025
Judge Mukesh