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2026 DAILYLAW 22030 (HP)

RAJIV KUMAR THAKUR v. THE STATE OF HP AND OTHERS

CWP/444/2026 · 2026-09-07

Ajay Mohan Goel, Yogesh Jaswal

body2026

Judgment text

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2026:HHC:37908 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.444 of 2026 Decided on: 07.09.2026 Rajiv Kumar Thakur …….Petitioner Versus State of H.P. and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Hon’ble Mr. Justice Yogesh Jaswal, Judge Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Aakash Thakur Advocate For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for the respondents -State Ajay Mohan Goel, Judge ( Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “(i). That the respondents may be directed to consider and decide the application for allotment of Government residential accommodation on adhoc/out of turn basis i.e. Annexure P-3, strictly in accordance with Rule 8 (1)(iii) of the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, within a time-bound period, in view of the serious medical condition of the petitioner. (ii) That the respondents may further be directed to allot suitable government residential accommodation 1 Whether reporters of the local papers may be allowed to see the judgment? 2. 2026:HHC:37908 to the petitioner near his place of posting, commensurate with his entitlement, keeping in view the medical advice and urgency arising out of the cancer relate ailment of the petitioner.” 2. The grievance of the petitioner is that his case for allotment of government accommodation on adhoc/ out of turn basis on account of his illness, which is grave in nature, has not been dealt with by the respondents expeditiously. 3. On the other hand, the stand of the State is that the petitioner was called upon to produce the requisite medical certificate in support of his request for allotment of government residence but no medical certificate was submitted by the petitioner with his application in the office of respondent No.2, and therefore, the case of the petitioner for allotment of government residence could not be considered on out of turn basis by the Housing Allotment Committee under the medical ground category. 4. As agreed, this petition is disposed of with the observation that the petitioner shall approach respondent No.2 within a period of two weeks from today along with requisite documents, demonstrating the illness he is suffering from, and, as from the date when the petitioner meets respondent No.2, appropriate call on the request of the petitioner shall be taken by the Authority within two 3. 2026:HHC:37908 weeks thereafter. The date, on which, the petitioner shall appear before respondent No.2, shall be intimated to the petitioner through his counsel by learned Additional Advocate General within one week from today. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge (Yogesh Jaswal) Judge September 07, 2026 (meera)