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2025 DAILYLAW 22560 (HP)

BHARTI v. THE STATE OF HP AND OTHERS

CWP/12706/2025 · 2025-08-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12706 of 2025 Decided on: 08.08.2025 _________________________________________________________________ Bharti ....Petitioner Versus State of H.P. and Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Sanjeev K. Motta Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 06.08.2025:- “Notice is confined to respondents No.1 to 3 at this stage. Mr. Rajat Choudhary, Assistant Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3. The factual assertions raised by the petitioner against the impugned order dated 01.07.2025 are that, for approaching GMS Runpu, U/c GSSS Kinnu, District Shimla, where the petitioner has been transferred, he will have to travel 8 km on foot. The petitioner is 55 years old and, in 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - view of Clause 15 of the office memorandum dated 10.07.2013 (Annexure P-6), the said area would fall under Category-C, i.e., difficult/hard area. The petitioner, in view of his age, could not have been transferred to a difficult/hard area in terms of the aforesaid office memorandum. Learned Assistant Advocate General to have instructions in the matter, more particularly as to whether the place where the petitioner has been transferred under the impugned office order falls under difficult/hard/most difficult area or in other words, Category-C/D/E under office memorandum dated 10.07.2013. Instructions be placed on record by 08.08.2025.” 2. Learned Deputy Advocate General has placed on record office instructions dated 07.08.2025. 3. On perusal of the same, learned counsel for the petitioner seeks permission to withdraw the present writ petition. Prayer is not opposed. The writ petition is accordingly dismissed as withdrawn. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge August 8, 2025 R.Atal