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Himachal Pradesh High Court

Dev Raj Son Of Shri Ganga Ram vs Hrtc In Oa No. 797 Of 2016 on 13 May, 2022

Author: Satyen Vaidya

Bench: Satyen Vaidya

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

               ON THE 13th DAY OF MAY, 2022




                                                        .

                          BEFORE

         HON'BLE MR. JUSTICE SATYEN VAIDYA, JUDGE





               EXECUTION PETITION No. 16 of 2022

    BETWEEN:

    1. DEV RAJ SON OF SHRI GANGA RAM





    RESIDEN OF VILLAGE DARDEHRA POST
    OFFICE PANTHEHRA TEHSIL GHUMARWIN
    DISTRICT BILASPUR HP (INSPECTOR FROM
    HRTC) BILASPUR UNIT. AGED ABOUT 69
    YEARS.


    2. HANS RAJ SON OF SH. KARTARA RAM
    RESIDENT OF VILLAGE AND POST OFFICE
    BAROTIWALA     TEHSIL   BADDI   DISTRICT
    SOLAN, HP (CHIEF INSPECTOR FROM HRTC
    NALAGARH UNIT)., AGED 65 YEARS



    3. INSWAR DUTT SON OF SH. LEKH RAM,
    RESIDENT OF VILLAGE CHARANIA POST
    OFFICE BASAULA TEHSIL KALKA DISTRICT




    PANCHKULA HARYANA (CHIEF INSPECTOR
    FROM HRTC BBU PARWANOO) AGED 66





    YEARS.
    4. SHADI RAM SON OF SHRI RAM RAKHA
    RESIDENT OF VILLAGE KISHANPURA POST





    OFFICE    GURUMAZRA      TEHSIL    BADDI
    DISTRICT SOLAN, HP (INSPECTOR FROM hrtc
    NALAGARH UNIT) AGED 65 YEARS.
    5. RAM LAL SON OF SH. DILA RAM RESIDENT
    OF VILLAGE JATAWAN POST OFFICE GARDA
    TEHSIL KAUSHALI, DISTRICT SOLAN H.P.
    AGED 64 YEARS.
    6. KRISHAN KUMAR SON OF SH. POLA RAM
    RESIDENT OF VILLAGE NIUN POST OFFICE­
    NALTI   TEHSIL    GHUMARWIN     DISTRICT
    BILASPUR H.P. (INSPECTOR FROM HRTC
    BILASPUR UNIT) AGED 66 YEARS.




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    7. ROSHAN LAL SON OF SH. AMIN CHAND
    RESIDENT OF RAM LEELA GROUND WARD
    NO. 8 TEHSIL NALAGARH DISTRICT SOLAN




                                                     .
    H.P. (INSPECTOR FROM HRTC NALAGARH





    UNIT), AGED 66 YEARS.
    8. KALA WATI WIFE OF LATE SH. SURINDER
    SINGH RESIDENT OF VILLAGE AND POST
    OFFICE    BARUNA      TEHSIL  NALAGARH





    DISTRICT SOLAN, H.P. (INSPECTOR FROM
    HRTC NALAGARH UNIT) AGED 64 YEARS.
    9. DEV RAJ SON OF SH. DAYA RAM RESIDENT
    OF VILLAGE DRAIN POST OFFICE DABHALA





    TEHSIL GHUMARWIN DISTRICT BILASPUR
    H.P. (INSPECTOR FROM HRTC BILASPUR
    UNIT) AGED 63 YEARS.
    10. VINOD KUMAR SON OF SH. BALAKRISHAN
    RESIDENT OF HOUSE NO. 500/2 SECTOR 41­A,

    CHANDIGARH UT (INSPECTOR FROM HRTC

    BBU PARWANOO UNIT) AGED 67 YEARS.
    11. AMAR SINGH SON OF SH. KRISHAN LAL
    RESIDENT OF VILLAGE­BAYALA POST OFFICE
    NAYAGRAM TEHSIL KAUSLALI DISTRICT


    SOLAN, H.P. (INSPECTOR FROM HRTC BBU
    PARWANOO UNIT), AGED 69 YEARS.
    12. RAM LOK SON OF SH. ASHA RAM
    RESIDENT OF VILLAGE AND POST OFFICE




    BAROTIWALA      TEHSIL  BADDI   DISTRICT
    SOLAN, HP (CHIEF INSPECTOR FROM HRTC





    BBU PARWANOO UNIT) AGED 64 YEARS.
    13. SANT RAM SON OF SH. BARFI RAM
    RESIDENT OF VILLAGE LOHAT POST OFFICE





    LEHARI    SARIAL    TEHSIL   GHUMWARIN
    DISTRICT BILASPUR H.P. (INSPECTOR FROM
    HRTC SARKAGHAT UNIT), AGED 67 YEARS.
    14. DALEL SINGH SON OF SH. BASANT SINGH
    RESIDENT OF VILLAGE AND POST OFFICE
    DHUMAHER TEHSIL GHUMARWIN DISTRICT
    BILASPUR H.P (INSPECTOR FROM HRTC
    BILASPUR UNIT) AGED 65 YEARS.
    15. BALWANT SINGH SON OF SH. GOPAL
    SINGH RESIDENT OF VILLAGE RARA POST
    OFFICE    TARAUN     TEHSIL  GHUMARWIN




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                                  3




    DISTRICT BILASPUR HP (INSPECTOR FROM
    HRTC BILASPUR UNIT) AGED 65 YEARS.
    16. RAGHUBIR SINGH SON OF SH. BALWANT




                                                        .
    SINGH RESIDENT OF VILLAGE JOHRAPUR





    POST OFFICE BAROTIWALA TEHSIL BADDI,
    DISTRICT SOLAN, H.P. (INSPECTOR FROM
    HRTC NALAGARH UNIT) AGED 64 YEARS.
    17. KULDEEP SINGH SON OF SH. BHAJAN





    SINGH RESIDENT OF VILLAGE AND POST
    OFFICE      JOGHON    TEHSIL    NALAGARH
    DISTRICT SOLAN H.P. (INSPECTOR FROM
    HRTC SOLAN UNIT) AGED 64 YEARS.





    18. SIKANDER SINGH SON OF SH. AMAR SINGH
    RESIDENT OF VILLAGE NIHALI DHANG POST
    OFFICE PALASI KALAN TEHSIL NALAGARH
    DISTRICT SOLAN, H.P. (CHIEF INSPECTOR
    FROM HRTC NALAGARH UNIT) AGED 65

    YEARS.

    19. JAI PAL SINGH SON OF SH. SWARUP SINGH
    RESIDENT OF VILLAGE AND POST OFFICE
    BHOGPUR TEHSIL NALAGARH DISTRICT
    SOLAN,


    20. SURINDER SINGH SON OF SH. BASANT
    SINGH RESIDENT OF VILLAGE AND POST
    OFFICE     BHOGPUR     TEHSIL   NALAGARH
    DISTRICT SOLAN H.P. (CHIEF INSPECTOR




    FROM HRTC BBU PARWANOO UNIT) AGED 64
    YEARS.





    21. RAMESHWER DASS SON OF SH RAM
    RATTAN RESIDENT OF VILLAGE AND POST
    OFFICE      BAROTIWALA    TEHSIL    BADDI





    DISTRICT SOLAN HP (INSPECTOR FROM
    HRTC BBU PARWANOO UNIT) AGED 63 YEARS.
    22. CHHOTA LAL SON OF SH. NARYAN SINGH
    RESIDENT       OF   HOUSE     NO   1443B/1,
    ABDULAHPUR COLONY PINJORE HARYANA
    (INSPECTOR FROM HRTC BBU PARWANOO
    UNIT) AGED 63 YEARS

                         ........PETITIONER

    ( BY SHRI RAKESH KUMAR, ADVOCATE )




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                                     4




                  AND
    HIMACHAL PRADESH ROAD TRANSPORT
    (HRTC)   THROUGH    ITS  MANAGING




                                                            .
    DIRECTOR, OLD BUS STAND SHIMLA 171





    003, HP.

                     ..........RESPONDENTS





    (BY SH. AJEET SINGH SAKLANI FOR THE RESPONDENTS )



               This petition coming on for orders this day, Hon'ble





    Mr. Justice Satyen Vaidya, delivered the following:

                                  ORDER

Learned counsel for the respondents has stated that the respondent has filed a Review Petition in this Court and as such the order passed by the H.P. State Administrative Tribunal, in OA No. 797 of 2016 has not attained finality. Para-3 of the order in execution reads as under:-

"In view of the above, the present original application is disposed of with a direction to 1st respondent through its Managing Director to extend the benefit of the order referred to above, subject to its finality, to the applicants herein, in case they are similarly situate, within two months from today. The applicants shall produce certified copy of this order as well as copy of the order referred to above before 1st respondent within a week".

Thus, it is evident that the implementation of order under execution has been made subject to the finality of the litigation arising out of the case of Shri Suresh Kumar and others versus HRTC in OA No. 797 of 2016 .

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Confronted with this, learned counsel for the petitioner seeks liberty to withdraw the execution petition at this stage with .

liberty to file afresh, if need so arise.

In view of this no further order is required to be passed the same is accordingly disposed of.

Pending miscellaneous application(s), if any, also stand disposed of.





    13th May, 2022
                       r          to                      ( Satyen Vaidya )
                                                                Judge

        (subhash)








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