Himachal Pradesh High Court
Nek Ram vs . Sh. Subhashish Panda & Ors. on 23 June, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Nek Ram Vs. Sh. Subhashish Panda & Ors.
COPC No.417 of 2022 .
23.06.2023 Present: Mr. H.R. Sidhu, Advocate, for the petitioner.
Mr. Rupinder Singh Thakur, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.
On 02.06.2023, following order was passed in the matter:-
This contempt petition arises out of non- implementation of judgment dated 26.11.2021 rendered rin CWP No.56 of 2020 (Nek Ram Versus State of H.P. and others). On previous occasions, the sole defense of the respondents for not implementing the judgment was pendency of LPA No.19 of 2023 (State of H.P. and others Versus Nek Ram and others) instituted by the State against the aforesaid judgment. It is not in dispute that LPA No.19 of 2023 has been dismissed on 10.03.2023. It is also not in dispute that as of now there is no challenge to judgment dated 26.11.2021 rendered in CWP No.56 of 2020.
Despite the above admitted factual position, learned Additional Advocate General submits that LPAST No.35063/2022, involving the issues which were subject matter of the decisions rendered in the instant case, was listed before the Division Bench of this Court on 17.05.2023, when the Hon'ble Court directed the Registry to list all similar cases (approximately 1000) on the next date of hearing and the matter has been posted for 05.07.2023.
In the instant case, the letters patent appeal filed by the respondent-State against the judgment in question stands dismissed. Hence, the respondents cannot take the stand of pendency of other similar cases or other appeals for not implementing the judgment in question. However, at the request of learned Additional Advocate General, two weeks' time is granted to the respondents to implement the judgment in letter and spirit, failing which appropriate order shall be passed in the matter on the next date of hearing.
List on 23.06.2023."
There are no further instructions available with learned Additional Advocate General in respect of ::: Downloaded on - 23/06/2023 20:37:25 :::CIS compliance of the judgment in question. Despite the .
dismissal of the Letters Patent Appeal No.19 of 2023, the respondents have still not complied with the judgment.
Let the matter be listed in the Court on 28.06.2023. It is made clear that in case the judgment in question is not implemented by the next date, respondents fixed.
r to No.2 to 4 shall remain present in the Court on the date Jyotsna Rewal Dua June 23, 2023 Judge Mukesh ::: Downloaded on - 23/06/2023 20:37:25 :::CIS