IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 162 of 2009. Decided on: March 18, 2010 State of Himachal Pradesh and another ….. Appellants. Versus Smt. Bharti Arya …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Appellants : Mr. R.K. Sharma, Sr. Addl. Advocate General. For the Respondent: Nemo. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP(M) No. 1066 of 2009 Heard. Allowed. The delay is condoned. LPA No. 162 of 2009. The State is aggrieved by the order dated 9th March, 2009 in passed by learned Single Judge in CWP(T) No. 3249 of 2008. In the said order, this Court issued a direction that in view of the physical condition of the Writ Petitioner, suffering from heart problem, the said Writ Petitioner should be posted within a radius of 30 kilometres from IGMC, Shimla. Despsite service of notice, no appearance is put in on behalf of the respondent. It is submitted that the Writ Petitioner had been 2 continuing in and around Shimla town for about thirty years and by this direction the Writ Petitioner will further remain in and around Shimla. The Learned Single Judge apparently issued the direction only in order to facilitate to obtain urgent medical assistance, if required in view of the cardiologic problem of the writ petitioner. However, we make it clear that it will be open to the State to afford opportunity of hearing to the writ petitioner and pass appropriate order safeguarding her interest also and it will not be bound by the restriction of 30 Kms. from Shimla. The appeal is disposed of. (Justice Kurian Joseph), Chief Justice March 18, 2010 (Justice R.B. Misra), (rks) Judge.