Disposed

Bir Singh v. State of Hp and Ors.

Himachal Pradesh HC2 Jun 2022EX.PT/49/2022

Case brief

AI extract

What is this about?

Petition filed under Rule 16 for execution of Tribunal order directing respondents to decide petitioner's representation. Respondents promised compliance within two weeks; court disposed of petition with such direction and liberty to revive proceedings if not complied with.

What did the court decide?

Direction to respondents to implement Tribunal order dated 2.4.2019 within two weeks; liberty to revive proceedings if not implemented.

Bir Singh Vs State of Hp and Ors. — Execution and Attachment | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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ON THE 2^nd DAY OF JUNE, 2022

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BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA

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EXECUTION PETITON (TRIBUNAL) No. 49 OF 2022

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Between:

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BIR SINGH SON OF SHRI MAN BAHADUR, RESIDENT OF HOUSE NO.44, HOUSING BOARD COLONY, PHASE-II, VILLAGE RABON, P.O. SAPROON, TEHSIL AND DISTRICT SOLAN, H.P.

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….PETITIONER

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(BY SH. MANOHAR LAL SHARMA, ADVOCATE) AND

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STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (HOUSING) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2.

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THE HOUSING AND UDA THROUGH ITS CHIEF EXECUTIVE OFFICER-CUM-SECRETARY (HIMUDA) HIMACHAL PRADESH, SHIMLA-2.

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THE EXECUTIVE DIRECTOR,(HIMUDA) HIMACHAL PRADESH, SHIMLA-2.

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THE EXECUTIVE ENGINEER, HIMUDA, DIVISION NO.II, KASUMPTI, SHIMLA, H.P.

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….RESPONDENTS

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(BY MR. SUDHIR BHATNAGAR AND MR. NARENDER GULERIA, ADDITIONAL ADVOCATE GENERALS FOR R-1)

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(MR. AMIT SINGH CHANDEL, ADVOCATE FOR R- 2 TO 4).

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This petition coming on for orders this day, the Court passed the following:

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O R D E R

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By way of instant Execution Petition filed under Rule 16 of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of direction to the respondents to implement/ execute the order dated 2.4.2019 passed by erstwhile H.P. State Administrative Tribunal in OA No.1071 of 2019 titled as Bir Singh vs. State of Himachal Pradesh and others.

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Careful perusal of aforesaid order (Annexure E-1) alleged to have been violated, reveals that learned Tribunal below while disposing of the original application, directed the respondents /competent authority to decide representation (Annexure A-3) of the petitioner in accordance with rules/law within a period of three months from the date production of copy of the order. Since no action, if any, ever came to be taken at the behest of the respondents pursuant to the aforesaid direction issued by the Tribunal, applicant/ petitioner has approached this Court in the instant proceedings.

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Mr. Amit Singh Chandel, learned counsel representing respondents No. 2 to 4 while accepting notice on behalf of aforesaid respondents, states that though he has every reason to believe and presume that by now aforesaid order alleged to have been violated,

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must have been complied with, but if not, same would be complied with within a period of two weeks from today.

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Consequently, in view of the fair statement made by learned counsel representing respondents No.2 to 4, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of order dated 2.4.2019, passed by learned Tribunal below in OA No. 1071 of 2019, positively within a period of two weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the order, sought to be executed in the instant proceedings.

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2^nd June, 2022 (Sandeep Sharma), (shankar) Judge

Bir Singh v. State of Hp and Ors.

Case brief

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Bir Singh v. State of Hp and Ors.

Case brief

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