The State of Himachal Pradesh and Ors. vs Jagat Ram

Vivek Singh Thakur, J, Ranjan Sharma, J

Present appeal has been preferred by the State against the judgment dated 29.09.2023 passed by Learned Single Judge in CWP No. 4066 of 20203 titled as Jagat Ram & Others versus State of Himachal Pradesh and others alongwith other connected matters. The relevant part of the judgment reads as under:-

“2. Learned counsel for the parties state that the dispute raised in the instant petitions, has been adjudicated by this Court in case Anant Ram & Ors. v. State of H.P. and others, CWPOA No. 1660 of 2020, decided on 15.6.2023, as such, petitioners would be content and satisfied in case a direction is issued to the respondents to consider and decide cases of the petitioners in light of aforesaid judgment.

Learned General is not averse to the aforesaid innocuous prayer made on behalf of the petitioners.

Having taken note of the issue raised in the petitions vis-à-vis judgment relied upon by learned counsel for the petitioners, this court finds that the issue has been adjudicated by this Court in Anant Ram, supra, as such no prejudice would be caused to either of parties, in case a direction is issued to the respondents to consider and decide the cases of the petitioners in light of Anant Ram, supra.

Consequently, in view of above, present petitions are disposed of with a direction to the respondents to consider and decide the case of the petitioners, expeditiously, preferably within a period of twelve weeks from today, in light of Anant Ram supra. Needless to say, authority concerned, while doing the needful in terms of this order, shall afford opportunity of hearing to the petitioners and pass a speaking order thereafter. Liberty is reserved to the petitioners to file appropriate proceedings, before appropriate court of law, if they still remain aggrieved.”

Parties to the lis are being referred as per their status in the Civil Writ Petition for convenience.

It is apparent from Para 2 of the impugned order that it was submitted by learned counsel for the parties including the Learned Advocate General that the dispute involved in the petition had already been adjudicated by this High Court, in case of Anant Ram versus State of H.P. and others, CWPOA No.1660 of 2020, decided on 15.06.2023 and in the said background it was submitted that petitioners would be contended and satisfied, in case, direction was issued to the State/Department to consider and decide their cases in light of the said judgment.

By taking note of the aforesaid submissions, learned Single Judge has directed the department/concerned authority to consider and decide the case of the petitioners expeditiously preferably within a period of 12 weeks from the date of passing of the order in light of Anant Ram’s case referred supra. It has further been directed by learned Single Judge that appropriate decision will be taken by the concerned authority by passing a speaking order after affording opportunity of hearing to the petitioners and liberty was reserved to the petitioners to avail appropriate remedy, if they still remained aggrieved.

In the aforesaid facts, learned Additional Advocate General is not able to point out any infirmity, illegality or perversity in the impugned order.

Otherwise also, vide judgment dated 29.09.2023, the cases of the petitioners have not been decided on merit but direction has been given to the competent authority to consider and decide the same in light of the Anant Ram’s case.

It is also apt to record that similar Later Patent Appeal No. 149 of 2024, titled State of H.P. vs. Shweta Chauhan arising out of the same common judgment has already been dismissed by this Court on 10.06.2024.

In aforesaid facts and circumstances, we are of the considered opinion that there is no merit in the appeal and accordingly the appeal is dismissed. By taking a lenient view, we are refraining from imposing cost upon the State.