Tikka Ram vs State Of H.P. & Ors

Sabina, J

This petition has been filed by the petitioner (Tikka Ram), inter alia, with the prayer that the respondents may be directed to issue bonafide certificate in his favour with immediate effect. The contention of the petitioner is that he is resident of Village and Post Office Reckong Peo, Tehsil Reckong Peo, District Kinnaur, H.P. and that he has been residing at the present place for last more than 40 years. Reliance has been placed on the judgment dated 13.10.2020, passed by Division bench of this Court in CWP No. 3517 of 2020, titled Ashwani Kumar & Others vs. The State of Himachal Pradesh & others, wherein this Court, on the analysis of the law on the subject, held that a person residing in the State of Himachal Pradesh for a period of 20 years or more would be entitled to be treated as bonafide resident of the State. The learned counsel for the petitioner states that the petitioner would be satisfied if his case is considered by the respondents-authorities.

Having regard to the above submissions, we dispose of this writ petition by directing respondent No.3 to examine the grievance of the petitioner in the light of the aforesaid judgment for issuance of bonafide resident certificate or otherwise by a speaking order within a period of one month from the date of production of a copy of this order.

Pending application(s), if any, shall also stand disposed of.