ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners, by way of the extant writ petition, are seeking the following substantive reliefs:

(2.) Tersely, the facts, as per the petitioners, encapsulated in the petition, essential for adjudication of this petition, are that petitioner No. 1, Shri Ashwani Kumar, since his birth continuously residing in Village & Post Office Nerwa, Tehsil Nerwa, District Shimla, H.P. and completed his education, upto Graduation, in the State of Himachal Pradesh. Petitioners No. 2 and 3 are sons of petitioner No. 1 and since their birth, they are also residing with petitioner No. 1 on the above address. Father of petitioner No. 1 served in Himachal Pradesh State Electricity Board, till his demise, and thereafter, sister of petitioner No. 1 was given compassionate employment in the above Board. Petitioner No. 1, with a hope to get admitted his sons, i.e., petitioners No. 2 and 3, in Army School, for the academic session 2021-22, approached the said School and came to know about requirement of 'bonafide Himachali Certificate', as one of the conditions, amongst others, for admission. Thus, petitioner No. 1, by medium of two different applications, alongwith apt documents, approached respondent No. 4 (Tehsildar, Nerwa (Chopal), Shimla, H.P.), for issuance of 'bonafide Himachali Certificates', but both the applications were rejected. Precisely, the petitioners, through the extant petition, are seeking indulgence of this Court upon the arbitrary rejection of the applications by respondent No. 4, for issuance of 'bonafide Himachali Certificates'. Lastly, it is prayed that the writ petition be allowed and respondents/State be directed to issue relevant 'bonafide Himachali Certificates' in favour of petitioners No. 2 & 3.

(3.) Conversely, respondents No. 2 to 4, by way of filing extensive and detailed reply to the extant petition, resisted and denied the claim of the petitioners. As per the respondents, the applications of petitioners No. 2 and 3 were rejected by respondent No. 4, as the same were received with Adhaar Card and copy of family register only and certificate of concerned Pradhan of Gram Panchayat or local authority was not attached with the applications, which eventually formed reason for rejection of the applications. The respondents also took doctrinaire stand that the petitioners, after rejection of their applications, did not, within statutory period of 30 days, as contemplated through amendment made in Chapter 28, Para No. 28.21 of the Himachal Pradesh Land Records Manual, 1992, by the Government, vide Notification No. Rev.B(3)-1/2004- vol1, dated 20.12.2010, make appeal to the concerned Sub Divisional Officer (Civil), so rejections have attained finality, being unchallenged. On this ground, respondents sought dismissal of the extant writ petition.