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2018 DIGILAW 553 (HP)

Sarwan Singh v. State Of Himachal Pradesh

2018-04-04

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —Mr. Adarsh Sharma, learned Additional Advocate General states that the matter can be disposed of with the direction to the competent authority to consider and decide the matter, in the light of communication dated 13.10.2017, (Annexure R-1) , addressed by the Deputy Secretary (Ayurveda) to the Government of Himachal Pradesh, to the learned Advocate General, which is reproduced in toto as under. "From The Addl. Chief Secretary (Ayurveda) to the Government of Himachal Pradesh, Shi mla-2. To Ld. Advocate General, State of Himachal Pradesh, Shimla-1. Dated Shimla-2 the 1'3th October, 2017. Subject: CWP No. 2084/2017-Sarvan Singh vs. State of HP-opening of Ayurvedic Health Centre at Sunehar, G.P. Bhatiyan, Tehsil Nalagarh, District Solan, HP. Sir, On the subject cited above, I am directed to submit that the CWP No. 2087/29017 was listed before the Hon'ble High Court of HP on 20.9.2017, when the Hon'ble Court had passed the following directions:- " . We direct the District Ayurvedic Officer, Solan to send the report positively within a period of two weeks from today. It is expected of the State to take appropriate action within a period of two weeks thereafter. List on 17th October, 2017." In compliance to ibid directions of the Hon'ble High Court, the requisite report of the distt. Ayurvedic Officer, Solan was received through the Director, Ayurveda on 10.10.2017 vide his letter No. Aayur.H (F) (11) - 02/2017/(Solan) - 20470, dated 7.10.2017. This report was processed accordingly for being taken appropriate decision by the Minister-incharge/Council of Ministers. Before any decision, in this regard is taken, Model Code of Conduct due to ensuring Vidhan Sabha Election, 2017, has been imposed by the Election Commission of India on 12.10.2017. This matter now can be considered after the Model Code of Conduct is over. You are therefore, requested to apprise the Hon'ble High Court accordingly. Yours faithfully, Deputy Secretary (Ayurveda) , to the Government of Himachal Pradesh. Dated 13th October, 2017" 2. Learned counsel for the petitioner has no objection to the same, provided the authorities consider the matter taking into account the factum of the land having been donated by the concerned Gram Panchayat as also the survey report Annexure P6, within a period of three months from today, after affording an opportunity of hearing to all concerned. Ordered accordingly. 3. Learned counsel for the petitioner has no objection to the same, provided the authorities consider the matter taking into account the factum of the land having been donated by the concerned Gram Panchayat as also the survey report Annexure P6, within a period of three months from today, after affording an opportunity of hearing to all concerned. Ordered accordingly. 3. Needless to add, if the order is not in favour of the petitioner, the authority shall assign reasons while deciding the same, which shall be communicated to the petitioner. Liberty is reserved to the petitioner to approach the Court, if need so arises subsequently. 4. With the aforesaid observations, petition stands disposed of alongwith pending applications, if any.