Disposed¶28

Amardeep Choudhary v. State of Hp and Others

Himachal Pradesh HC4 Apr 2025CWP/7817/2024

Case brief

AI extract

What is this about?

Amardeep Choudhary v. State of Himachal Pradesh, CWP No. 7817 of 2024, decided 04.04.2025, 2025:HHC:9082, HP High Court Shimla (Ajay Mohan Goel, J.). Petition for 4% interest on enhanced awarded amount up to April 2024 per award dated 12.09.1977 of Additional District Judge, Kangra/Dharamshala; held writ misconceived as execution lies in the awarding Court; withdrawn with liberty to file execution; executing court to consider plea that cause still subsists.

What did the court decide?

Permission to withdraw the writ petition with liberty to approach the Court concerned for execution of the order. ¶28

Amardeep Choudhary Vs State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

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2025:HHC:9082

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 7817 of 2024 Decided on : 04.04.2025

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Amardeep Choudhary.

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…Petitioner

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Versus

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The State of Himachal Pradesh and others.

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…Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?¹

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For the petitioner : M/s Rakesh Kumar and Panku Choudary, Advocates. For the respondents : Mr. Sumit Sharma, Deputy Advocate General.

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Ajay Mohan Goel, Judge (Oral )

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By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

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“i) That in view of the above-mentioned facts and circumstances, the concerned respondent authorities may kindly be directed to pay the 4% interest on to the enhanced awarded amount up to April, 2024 i.e. when the payment was done to present petitioner strictly inn accordance with the award dated 12.09.1977 passed

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

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2025:HHC:9082

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by the Id. Add. District judge Civil division Kangra at Dharamshala (H.P.)

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ii) That the records pertaining to this case may kindly be called for, for the kind perusal of this Hon'ble Court.

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iii) The respondent authorities may kindly be directed to pay the litigation expenses to the present petitioner for unnecessary harassment.”

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In view of the fact that the interest was awarded by

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the Court of learned Additional District Judge, Kangra, Civil Division at Kangra, execution thereof can be by the said Court only and this writ is misconceived.

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At this stage, on the request of learned counsel for the petitioner, petitioner is allowed to withdraw this writ petition, but with liberty to approach the Court concerned for the execution of the order.

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Learned counsel for the petitioner submits that though the order was passed in the year 1977 but the cause is still subsisting. This be taken into consideration by the learned Executing Court, when the execution petition is filed.

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