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2025 DAILYLAW 32422 (HP)

TANYA SHARMA v. THE STATE OF HP AND OTHERS

CWP/13466/2024 · 2025-10-15

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:35061 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13466 of 2024 Decided on: 15.10.2025 Tanya Sharma … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Sudhir Thakur, Senior Advocate, with Mr. Karun Negi, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “i. To issue Writ of Mandamus or Writ in the nature of Mandamus directing the respondents to construct link road Jatoli Garog Road to Hem Chand House as per sanction order dated 03.10.2015 (Annexure P-3) immediately without any delay so as to provide and medical Institutions from her house which is not accessibility to the petitioner to reach upto the Education accessible at present. ii. To issue Writ of mandamus or Writ in the nature of mandamus by directing the respondent authorities to provide aforesaid facility to the petitioner in view of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:35061 section 3 and 16 of The Right of Persons With Disabilities Act 2016 and to make provisions of the aforesaid Act applicable to the applicant on account of her disablement and restriction of the wheelchair for her entire life. iii. To issue Writ of mandamus or Writ in the nature of mandamus by directing the respondent authorities to provide all the facilities to the petitioner including medical and education facilities to the petitioner in view of her physical disability on account of suffering from Cerebral Palsy.” 2. When the matter was listed on 26.08.2025, the following order was passed:- “Heard for some time. Let learned Deputy Advocate General file the affidavit of the SDM concerned as to what is the impediment in the construction of the road concerned and who is creating obstruction in the construction of the Court and further whether the road is to be constructed through Government land or the land of the private individuals is also involved. List on 17.09.2025.” 3. Learned Additional Advocate General informs the Court that the affidavit has been filed by the Sub-Divisional Magistrate concerned today itself. Learned Senior Counsel for the petitioner has made available a copy of the affidavit filed and he submits that the petition can be disposed of in terms of the contents of this affidavit. Relevant contents of the affidavits are quoted hereinbelow:- 3 2025:HHC:35061 “A fresh estimate amounting to 2.63 lakh has been ₹ prepared by the Block Development Officer, Solan. Copy of the estimate is annexed as Annexure R/3. The Block Development Officer, Solan has been directed to initiate the said work at the site, and to seek necessary assistance from the police authorities, if required, for smooth execution of the construction of road. Further, the Block Development Officer has also been directed to take up the matter with the Deputy Commissioner, Solan, for allocation of the remaining funds vide letter dated 08.10.2025. Copy of letter dated 08.10.2025 issued to the Block Development Officer, Solan is Annexed as Annexure R/4.” 4. In light of the said stand taken by the respondents, this petition is disposed of with the direction that let the needful now in terms of the affidavit be done expeditiously by the Officers concerned and the construction of the road be completed by 15.01.2026. 5. With these observations, the petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 15, 2025 (Rishi)