M/S Microtek Himachal Power Products Pvt. Ltd. Vs State of Hp and Others

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Ex. Pet. Nos.764 to 768 of 2024 Decided on: 2^nd September, 2024

1. Ex. Pet. No. 764 of 2024 Microtek Universal Power Products Pvt. Ltd. ....Petitioner Versus State of H.P & Ors. …Respondents _________________________________________________________________ 2. Ex. Pet. No. 765 of 2024 M/s Microtek Tangent Power Pvt. Ltd. ....Petitioner Versus State of H.P & Ors. …Respondents _________________________________________________________________ 3. Ex. Pet. No. 766 of 2024 Microtek Himachal Power Products Pvt. Ltd. ....Petitioner Versus State of H.P & Ors. …Respondents _________________________________________________________________ 4. Ex. Pet. No. 767 of 2024 Microtek Shivalik Industries Pvt. Ltd. ....Petitioner Versus State of H.P & Ors. …Respondents _________________________________________________________________

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5. Ex. Pet. No. 768 of 2024

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Microtek Balaji Powertronics Pvt. Ltd. ....Petitioner

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Versus State of H.P & Ors.

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…Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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1 Whether approved for reporting?

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For the petitioner(s): Mr. Shivank Singh Panta, Advocate, in all the matters. For the respondents: Mr. Y.P.S.Dhaulta, Additional Advocate General with Ms. Leena Guleria, Deputy Advocate General for respondents No. 1,2 and 4 in all the matters.

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Mr. Kush Sharma, Advocate, for respondent No.3 in all the matters.

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Jyotsna Rewal Dua, Judge

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Following order was passed in these matters on

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13.08.2024:-

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“Learned Additional Advocate General had supplied instructions dated 12.08.2024 imparted to him by District Collector, Solan, along with copy of office instructions dated 12.08.2024 addressed by Sub-

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1 Whether reporters of Local Papers may be allowed to see the judgment? yes

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Registrar-cum-Naib Tehsildar, Parwanoo to the Collector Solan. The contents of the office instructions dated 12.08.2024 as well as the office letter dated 12.08.2024 were not in consonance and actually were de hors the factual position, writ large in the case file. Learned Advocate General was directed to have fresh instructions in the matter.

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Fresh instructions from the office of Joint Secretary (Revenue) to the Government of Himachal Pradesh have been placed on record. In terms of these instructions: matter is under process; Name of petitioner company will be changed in the revenue records within a weeks’ time after completing the codal formalities.

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Learned Additional Advocate General on instructions further submitted that the amount due and admissible to the petitioner shall also be released within the aforesaid period. At his request, list the matter on 02.09.2024.

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Compliance affidavit be also filed before the next date.”

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2. In compliance to the above order, learned

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Additional Advocate General produced an affidavit dated 02.09.2024 of the Joint Secretary (Revenue) to the Government of Himachal Pradesh, which is taken on record. In terms of this affidavit: -

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“1. That in compliance to the judgment of Hon’ble High Court passed in CWP No. 2823 of 2023 alongwith CWP Nos. 3265/2023, 3277/20233312/2023, 3314/2023 and CWP No. 3916/2023 dated 31.08.2023, the lease hold rights have been recorded in the name of Petitioner

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Companies in terms of the direction of Hon’ble Court by changing the name of erstwhile partnership firms to newly formed companies through mutation attested on dated 31.08.2024.”

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The respondents have now complied with the directions of the Court by changing the name of the erstwhile partnership firms to the newly formed companies through mutation attested on 31.08.2024.

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3. In respect of release of amount due and admissible to the petitioner(s), learned Additional Advocate General has placed on record instructions dated 02.09.2024 from the Joint Secretary (Revenue) to the Government of Himachal Pradesh, which read as under: -

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“Subject:Ex. Petition Nos. 764 to 768 of 2024, titled as M/s Microtek Universal Power Products Vs. State of H.P. and other. Sir,

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I am directed to refer to the subject cited above and to submit that in compliance to the judgment of Hon’ble H.P. High Court passed in above mentioned case on dated 13.08.2024, that the 20 numbers of Stamp Certificates amounting to Rs.23,60,700/- only have been cancelled and the further action of release of these funds through the Sub-Treasury Kasauli, Distt. Solan is under process. The same shall be released within a week time.”

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4. In view of assurance given in the afore extracted

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instructions that due and admissible amount shall be released in favour of the petitioner(s) within a week, all these execution petitions are disposed, however reserving liberty to the petitioner(s) to seek appropriate remedy, in accordance

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with law, for redressal of their surviving grievances, if any.

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Pending miscellaneous application(s), if any, also

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stand disposed of.

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Jyotsna Rewal Dua Judge

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September 2, 2024

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R.Atal

M/S Microtek Himachal Power Products Pvt. Ltd. v. State of Hp and Others

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M/S Microtek Himachal Power Products Pvt. Ltd. v. State of Hp and Others

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