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2009 Supreme(HP) 431

RAJIV SHARMA
SUDERSHAN KUMAR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the petitioner:Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents:Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Deputy Advocate General for respondents No.1 and 2.

JUDGMENT

Rajiv Sharma, J-The brief facts necessary for the adjudication of this petition are that respondents No.3 and 4 had filed a writ petition bearing CWP No.530/1985 in this Court. The petitioner was added as respondent No.2 therein. The CWP No. 530/1985 was transferred to the learned Himachal Pradesh Administrative Tribune and was assigned TA No. 807/1986. The same was decided by the learned Tribunal on 20.12.1991. The operative portion of the judgment reads thus:

“The orders dated June 6, 1966, September 16, 1969, September 22, 1969, December 13, 1970 and the notification dated August 29, 1974, November 30, 1974 and order dated August 1, 1979 conferred certain legal valuable rights in favour of both the petitioners and if the respondent No.2 was aggrieved by the same it was necessary for him to have approached the Courts at the earliest.

In view of above discussion, it is clear that the order dated June 7, 1985 (Annexure PG-1) June 14, 1985 (Annexure PG-2) and June 27, 1985 (Annexure PG-3) are illegal and are hereby set aside. The application is allowed with no order as to costs.”

2. In sequel to the judgment rendered in TA No. 807/1986, the respondent-State had issued orde









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