State of H.P. and Another vs Netar Singh

Kurian Joseph, C.J.—This is an application for review on behalf of the Respondents in the writ petition. The writ petition was disposed of on the basis of instruction supplied by the learned Senior Additional Advocate General that the writ Petitioner (Respondent) had already been adjusted at Sundernagar. It is submitted by the learned Senior Additional Advocate General that the instruction was furnished to the Court only to the effect that the accommodation of the writ Petitioner at Sundernagar was only up to 30th April, 2010, in view of the interim passed in the petition. This is seriously disputed by the learned Counsel for the Respondent. Be that as it may. Since there appears to be non-consideration of the actual merits of the case in view of apparently erroneous submission made by the learned Senior Additional Advocate General, it is only appropriate that the matter be heard on merits. Therefore, the review petition is allowed. Judgment dated 10th May, 2010 passed in Neter Singh v. State of H.P. and Ors. C.W.P. No. 207 of 2010, is recalled.

We make it clear that it will be open to the writ Petitioner to file supplementary affidavit, incorporating therein the intervening developments within two weeks.

Post the writ petition for final hearing on 8th July, 2010. The Petitioner may not be disturbed till such time.

The review petition stands disposed of.