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2015 DIGILAW 641 (HP)

State of H. P. v. Purushottam Sharma

2015-05-30

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, J. CMP No.5902/2015 This application has been filed for preponement of date fixed in this appeal, i.e., 15th June, 2015. The learned counsel for the respondent has no objection in pre-poning the date fixed in this appeal. Thus, the application is granted and the appeal is taken up for hearing today itself. The application stands disposed of. CMP (M) No. 338 of 2015. 2. The learned counsel for the respondent has no objection in case, the delay in filing the appeal is condoned. His statement is taken on record. Therefore, for the reasons stated in the application coupled with the statement made by the learned counsel for the respondent, the application is granted and the delay in filing the appeal is condoned. The application stands disposed of. LPA No. 68 of 2015. 3. Issue notice. Mr. Subhash Sharma, Advocate waives notice on behalf of the respondent. 4. The learned Advocate General stated at the Bar that in terms of the interim orders passed by the learned Single Judge, the State/Competent Authority is not in a position to consider the cases of the employees for the allotment of government accommodation, as per their entitlement and prayed that the State/Competent Authority may be directed to examine their cases and make allotment, as per rules, occupying the field read with their eligibility. His statement is taken on record. The learned counsel for the respondent has no objection to this proposition. He stated at the Bar that the State/Competent Authority may be directed to make decision as per rules occupying the field but allotment may be kept subject to outcome of the writ petition. His statement is also taken on record. 5. In the given circumstances, we deem it proper to dispose of the appeal by providing that any exercise to be made shall be subject to outcome of the writ petition. Ordered accordingly. 6. We request the learned Single Judge to decide the writ petition, as early as possible, preferably within two weeks from today. List the writ petition before the appropriate Single Bench on 1st June, 2015. 7. Accordingly, the LPA is disposed of, alongwith pending applications, if any. Dasti copy.