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2025 DAILYLAW 24478 (HP)

RITA DEVI AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/12039/2024 · 2025-04-07

Sandeep Sharma

Civil Appealbody2025

Judgment text

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2025:HHC:9403 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12039 of 2024 Date of Decision: 07.04.2025 _____________________________________________________________________ Rita Devi & Ors. ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr.Vinay Mehta & Mr. Devi Singh Verma, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned counsel for the petitioners states that his clients would be content and satisfied in case prayer made in the instant petition is considered and decided by the competent authority in terms of judgment dated 6.4.2022 passed by the Hon’ble Apex Court in Civil Appeal Nos. 2087-2088 of 2022, Union of India and Ors v. Shri C.R. Madhava Murthy and Anr, and judgment dated 22.5.2023, passed by the Coordinate Bench of this Court in CWPOA No. 2650 of 2020, Naresh Dutt 2 Sharma v. State of Himachal Pradesh and Ors. (Annexure P- 2). Learned Additional Advocate General is not averse to the aforesaid innocuous prayer made by the petitioners. 2. Having perused aforesaid judgments sought to be relied upon vis-à-vis issue raised in the petition at hand, this Court finds that issue raised in the instant petition already stands adjudicated in the aforesaid judgments and as such, no prejudice would be caused to either of the parties in case respondents are directed to consider and decide case of the petitioners in light of the aforesaid judgments. 3. Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide case of the petitioners in light of aforesaid judgments supra, expeditiously, preferably, within four weeks. In case, petitioners are found to be similarly situate to the respondents in the aforesaid judgments, they would be extended similar benefits. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioners and pass detailed speaking order thereupon. However, liberty is granted to the petitioners to file appropriate proceedings before appropriate court of law, if they 3 still remain aggrieved. All pending applications stand disposed of. April 07, 2025 (Sandeep Sharma), (sunil) Judge