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2025 DAILYLAW 6193 (HP)

AMITABH GAUTAM v. THE STATE OF HP AND OTHERS

CWP/1208/2025 · 2025-01-16

Bipin Chander Negi

body2025

Judgment text

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1 ( 2025:HHC:3005 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1208 of 2025 Date of Decision : 16.01.2025 Amitabh Gautam …… Petitioner Versus State of Himachal Pradesh and others ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge Whether approved for reporting?1 For the petitioner : Mr. Neel Kamal Sood, Senior Advocate with Mr. Vasu Sood, Advocate. For the respondents : Mr. Rajan Kahol, Additional Advocate General. Bipin Chander Negi, Vacation Judge (oral) Vide recommendation/approval of the House Allotment Committee meeting held on 19.05.2023, Set No.1, Type-VI, Talland, had been allotted to the present petitioner. However, the same was to be allotted to the present petitioner, as and when the same would be vacated by the incumbent, one Rajiv Kumar, IFS, PCCF (HoFF), H.P. 2. Subsequent to the aforesaid, in the House Allotment Committee meeting held on 22.09.2024, the aforesaid accommodation had been earmarked for PCCF (HoFF), H.P. 3. Perusal of the proceedings of the House Allotment Committee meeting, appended along with present petition as Annexure P-11, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:3005 ) categorically reflects that the earmarking of the residence, in the case at hand, has been done post enlarging the scope of functions of the House Allotment Committee keeping in view the Guidelines qua similar Committees under the General Administration Department (GAD). 4. The House Allotment Committee is a creation of Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994. The House Allotment Committee, therein, is defined as under:- “(i) ‘house allotment committee’ means a committee constituted by the Himachal Pradesh Government from time to time to carry out the functions assigned to it in these rules.” 5. Insofar as the House Allotment Rules are concerned, the interpretation of the said rules has been provided in Clause 21 thereof in the following terms:- “21. Interpretation of rules- If any question arised as to interpretation of these rules, the decision of the Government shall be final.” 6. In the aforesaid backdrop, learned counsel for the petitioner submits that he would be satisfied if representation made by the petitioner in this respect, i.e, Annexure P-13, dated 04.10.2024, which is pending consideration before the Additional Chief Secretary (Forests), is decided on or before 30.01.2025. Learned counsel for the respondents/State submits that the representation (Annexure P-13) would be positively decided on or before 30.01.2025. Ordered accordingly. 3 ( 2025:HHC:3005 ) 7. In view thereof, present petition is disposed of, so also, pending miscellaneous application(s), if any. (Bipin Chander Negi) January 16, 2025 (KS) Vacation Judge