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2025 DAILYLAW 5704 (HP)

MEENA THAKUR v. STATE OF HP AND OTHERS

CWP/627/2022 · 2025-03-18

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:6406 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 627 of 2022 Decided on: 18.03.2025 Meena Thakur … 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. Arvind Sharma, Advocate. For the respondents : Mr. Pushpender Jaswal, Addl. AG for respondents-State. Mr. Maan Singh, Advocate for respondents No. 6 and 7. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has challenged Annexure P-11, which is order dated 08.09.2020, in terms whereof the Assistant Town Planner, Divisional Town Planning Office, Kullu, Distt. Kullu, H.P., in exercise of powers conferred under sub-sections 1 and 2 of Section 39 of the Himachal Pradesh Town and Country Planning Act, 1977, has ordered the discontinuance/stoppage of the development work being carried out by the petitioner. 2. When the case was taken up for consideration today, learned Counsel for the private respondents has pointed out that the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:6406 petitioner has approached the Court without exhausting the statutory remedy, as is available to her under Section 32 of the Act. 3. Faced with this situation, learned Counsel for the petitioner submits that the petitioner shall approach the statutory authority but then time spent by her while bonafidely pursuing this writ petition be excluded while calculating the limitation. 4. Having heard learned Counsel for the petitioner as well as learned Counsel for respondents, this writ petition is permitted to be withdrawn, with liberty as prayed for with the observation that in the event of limitation coming in the way of the petitioner, time spent by the petitioner while pursuing this petition, be taken into consideration while calculating limitation. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge March 18, 2025 (narender)