Bal Singh S/o Jafgan Nath Vs Hrtc and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

Bal Singh S/o Jafgan Nath Vs Hrtc and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to do the needful in terms of the judgment sought to be executed within a period of six weeks, failing which the petitioner is at liberty to seek revival of the petition for appropriate action in accordance with law.

Issue for consideration

Whether the respondents have complied with the direction contained in the order/judgment dated 23.08.2024 passed in CWP(OA) No.2849 of 2020, and what steps are needed for its implementation and execution. +1 more

Court's answer

The execution petition is disposed of with a direction to the respondents to do the needful in terms of the judgment sought to be executed, within a period of six weeks.

Ratio / Principle

In view of the fair stand adopted by learned counsel representing the respondents (that the order sought to be executed had been, or would definitely be, complied with within six weeks), this Court saw no reason to keep the present petition alive.

Key takeaways

In default of compliance within six weeks, the petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken towards implementation of the order/judgment.ratio¶11

Detailed headnote1 paragraphs

Execution Petition (T) No.316 of 2025 — Bal Singh v. HRTC and Another — High Court of Himachal Pradesh, Shimla (Sandeep Sharma, J., oral) — decided 02.04.2025. Petition for implementation and execution of the order/judgment dated 23.08.2024 passed by a Coordinate Bench in CWP(OA) No.2849 of 2020, whereby the respondents were directed to consider the petitioner's case within six days in light of the judgment dated 09.11.2023 in CWPOA No.2343 of 2020 (Vikram Singh v. HRTC). Alleging no action by the respondents, the petitioner sought execution. Counsel for the respondents stated the order had been, or would definitely be, complied with within six weeks. On this fair stand, the Court disposed of the petition with a direction to the respondents to do the needful in terms of the judgment sought to be executed within six weeks, failing which the petitioner would be at liberty to seek revival of the petition for appropriate action in accordance with law.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Execution Petition (T) No.316 of 2025 Date of Decision: 02.04.2025

_____________________________________________________________________ Bal Singh ……...Petitioner Versus HRTC and Another …....Respondents

Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

For the Petitioner: Mr. Vikas Rajput, Advocate. For the Respondents: Mr. Dheeraj K. Vashisht, Advocate.

___________________________________________________________________________ Sandeep Sharma, J. (Oral)

By way of present execution petition, prayer has been made by the petitioner for implementation and execution of order/judgment dated 23.08.2024, passed by Coordinate Bench of this Court in CWP(OA) No.2849 of 2020, titled Bal Singh Vs. HRTC and Another , whereby direction came to be issued to respondents to consider the case of the petitioner within a period of six days in light of judgment dated 09.11.2023, passed in CWPOA No.2343 of 2020, titled Vikram Singh Vs. HRTC. Since no action, whatsoever, came to be taken at the behest of the respondents pursuant to aforesaid direction, present petitioner has approached this Court in the instant proceedings.

Mr. Dheeraj K. Vashisht, Advocate, while putting in appearance on behalf of the respondents, states that though he has

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every reason to presume and believe that by now, order/judgment sought to be executed, must have been complied with in its totality, but if not, same would be definitely complied with within a period of six weeks from today.

Consequently, in view of the fair stand adopted by learned counsel representing the respondents, this Court sees no reason to keep present petition alive and accordingly, same is disposed of with direction to the respondents to do the needful in terms of judgment sought to be executed, within a period of six weeks, failing which petitioner would be at liberty to get the present petition revived so that appropriate action in accordance with law is taken towards the implementation of the order/judgment.

April 02, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge