High CourtsSingle Bench(2024) 05 SHI CK 0021

Vipen Kumar And Others vs State Of HP And Others

High Court Of Himachal Pradesh · Decided on 13 May 2024

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
CWPOA No.4083, 4104 Of 2020

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Judgment

13 paragraphs · 320 words

Ajay Mohan Goel, J

1.

As common question of law and fact is involved in these petitions, therefore, both these writ petitions are being disposed of vide a common judgment.

2.

By way of these petitions, the petitioner(s) have primarily prayed for the following relief:-

“CWPOA No. 4083 of 2020

That impugned order annexure A-2 dated 06.10.2017 being violative of principles of natural justice and further having been issued contrary to the powers vested in the authority concerned, thus, viewed from whatever angle available, in law, being untenable, may very kindly be quashed and set aside.

CWPOA No. 4104 of 2020

That impugned order annexure A-2 dated 06.10.2017 being violative of principles of natural justice and further having been issued contrary to the powers vested in the authority concerned, thus, viewed from whatever angle available, in law, being untenable, may very kindly be quashed and set aside.”

3.

When the matter was listed before the Court on 06.05.2024, the following order was passed:-

“Learned Counsel for the petitioner submits that the prayers made in both the petitions are squarely covered by the judgments passed by this Court in CWPOA No. 5167 of 2020 and 4077 of 2020.

Learned Additional Advocate General submits that he may be granted some time to ascertain this fact.

As prayed for, list on 09.05.2024.”

4.

Today, learned Advocate General has informed the Court that indeed the writ petitioners are squarely covered by the judgment passed by the Court, being relied upon by the petitioner(s). Therefore, these petitions are disposed of by quashing the impugned orders Annexure A-2, dated 06.10.2017, and by observing that the findings returned in CWPOA No. 4077 of 2020 shall be read as mutatis mutandi applicable in these petitions also and all directions passed therein shall be treated as directions passed in these two writ petitions also.

The petitions stand disposed of in above terms, so also pending miscellaneous application(s), if any.