Hotel the Atlantis Throgh Its Prop Gopal Singh v. The UOI and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15016 of 2026 Decided on : 06.10.2026 Hotel the Atlantis through its Proprietor

...Petitioner Versus Union of India and others

…Respondents. Coram Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner : Ms. Vidushi Sharma, Advocate.

For the respondents : Mr. Avinash Jaryal, CGC, for respondents No. 1 to 3-Union of India.

: Mr. Gobind Korla, Additional Advocate General, for respondents N. 4 & 5.

G.S. Sandhawalia, Chief Justice (Oral)

Notice. Mr. Avinash Jaryal, learned Central Government Counsel and Mr. Gobind Korla, learned Additional Advocate General, accept notice on behalf of respondents No. 1 to 3 and respondents No. 4 & 5, respectively.

2.

Counsel for the parties are agreed that the issue in question is covered by the decision of this Court in LPA No.169 of 2025, titled Union of India and another versus Atul Sharma and others, along with connected matters, decided on 16.07.2025. The relevant portion of the said judgment reads as under:-

1Whether the reporters of the local papers may be allowed to see the Judgment? Yes

"10. Learned Single Judge found that the appellant Union of India could not in the first set of cases, deny the fact that the applications had been forwarded during currency of the Scheme and therefore, consideration had not been done. In such circumstances, he came to the conclusion that at least the consideration had to be made as per the terms of the policy dated 23.04.2018 (Annexure P-1). Thus, we cannot find any fault as such with the reasoning of the learned Single Judge to this extent.

¶11Counsel for Union of India also admits that since each and every individual case will have to be considered within the parameters of the said policy, it would be appropriate that a decision making is done by the Empowered Committee by fixing a time frame as such. We are also of the considered opinion that the findings as such that the consideration was to be done by the Empowered Committee, thus cannot be faulted in any manner, once it is the case of the State also that they had forwarded their cases to the Empowered Committee. If that is so, then the decision making as such had to be done as per the parameters of the notification and as noticed above, has now been done in one case though, the rejection is here.

¶12In such circumstances, we are of the considered opinion that present LPAs are liable to be disposed of in the above terms along with writ petitions that each and every individual case has to be considered afresh by the Empowered Committee. Let the said exercise be done within a period of four months from today. Needless to say that it will be open to the applicants, as such, to seek their remedy in accordance with law in case there is rejection of their case.

¶13All pending applications stand disposed of accordingly.

¶3We are now further informed that a bunch of Special Leave Petition(s) was also dismissed on 30.01.2026, the lead case of which was, Union of India and another vs. Atul Sharma and others.

¶4In view of the above, the present petition is disposed of in

terms of the aforesaid judgment.

¶5Pending miscellaneous application(s), if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice

(Bipin Chander Negi) Judge 06th October, 2026 (Tarun Singh)