Nek Ram vs . Shri Subhashish Panda & Ors. on 2 June, 2023

[Cites 1, Cited by 1]

Himachal Pradesh High Court

Nek Ram vs . Shri Subhashish Panda & Ors. on 2 June, 2023

Bench: Jyotsna Rewal Dua

Nek Ram Vs. Shri Subhashish Panda & Ors.

COPC No.417 of 2022 .

02.06.2023 Present: Mr. R.L. Chaudhary and Mr. H.R. Sidhu, Advocates, for the petitioner.

Mr. Navlesh Verma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General, for the respondents.

This contempt petition arises out of non-

implementation of judgment dated 26.11.2021 rendered in 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.

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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.




                                            Jyotsna Rewal Dua
    June 02, 2023                                 Judge




       Mukesh






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