Hari Singh v. State Of Himachal Pradesh And Others

Hari Singh v. State Of Himachal Pradesh And Others

(High Court Of Himachal Pradesh)

Execution Petition(T) No. 77 of 2021 | 08-07-2021

Sandeep Sharma, J.

1. By way of instant petition filed under Rule 16 of Himachal Pradesh High Court Original Writ Rules, 1997, prayer has been made for implementation of order dated 25.4.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA(D) No. 99 of 2018, titled Hari Singh vs. The State of H.P. and others, whereby learned Tribunal, on the basis of statement made by learned Counsel appearing for the petitioner that the case of petitioner is covered by judgment dated 8.3.2018 rendered by Hon'ble Apex Court in Civil Appeal No. 6309 of 2017, Sunder Singh vs. the State of Himachal Pradesh and others and connected matters, disposed of the Original Application with a direction to the respondents to consider the case of the petitioner, subject to verification that he is similarly situate to the persons in the order (supra), within three months from the date of production of a certified copy of the order. Since the respondents have failed to implement the order of the Himachal Pradesh Administrative Tribunal, petitioner has approached this Court in the instant proceedings, seeking implementation of the order passed by Himachal Pradesh Administrative Tribunal.

2. Mr. Arvind Sharma, learned Additional Advocate General, while accepting notices on behalf of the respondents, stated that though he has reasons to believe that the order in question stands implemented, but if not, same would be complied with, within a period of two weeks.

3. Consequently, in view of the fair stand taken by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and same is disposed of with a direction to the respondents to do the needful in terms of order (supra), within two weeks, failing which petitioner would be at liberty to get the present petition revived, so that appropriate steps towards execution of the order in question are taken. Petition stands disposed of in above terms.

Advocate List
Bench
  • Hon'ble Mr. Justice Sandeep Sharma
Eq Citations
  • LQ
  • LQ/HimHC/2021/1946
Head Note

Practice and Procedure — Execution of order/Judgment/Orders — Fair stand taken by counsel for respondents — Petitioner at liberty to get petition revived if respondents fail to implement order in question within two weeks — Constitution of India — Art. 226 — Execution of order