Ram Pal Sharma vs State Of H.P. Through
2021 Latest Caselaw 3921 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 13TH DAY OF AUGUST, 2021

BEFORE

.

HON'BLE MR. JUSTICE SANDEEP SHARMA

EXECUTION PETITION(TRIBUNAL) NO. 175 OF 2021

Between:-

RAM PAL SHARMA S/O SH. BABU RAM, R/O VILLAGE KABRU, P.O. DHARAMSHALA MAHANTAN,

TEHSIL KOTLA, DISTRICT KANGRA, H.P.

... PETITIONER (BY MR. ANIL BANSAL, ADVOCATE)

AND

1. STATE OF H.P. THROUGH SECRETARY (EDUCATION), SHIMLA-2

2. THE DIRECTOR ELEMENTARY EDUCATION,

GOVERNMENT OF HIMACHAL PRADESH, LAL PANI, SHIMLA, H.P.

3. THE DISTRICT EDUCATION OFFICER,

KANGRA AT DHARAMSHALA, DISTRICT KANGRA, H.P.

4. HIMACHAL PRADESH UNIVERSITY SHIMLA THROUGH ITS REGISTRAR, SUMMER HILL,

SHIMLA, H.P.

.. RESPONDENTS (MR. SUDHIR BHATNAGAR AND MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATES GENERAL WITH MR. R.P. SINGH AND MR. NARINDER THAKUR, DEPUTY ADVOCATES GENERAL)

This petition coming on for orders this day, the court passed the following:

OR D ER

.

By way of instant petition filed under Rule 16(1) of H.P. High

Court Original Side Rules, 1997, prayer has been made for implementation

of judgment dated 24.3.2021 passed by this court in CWPOA no. 4979 of

2020, titled Ram Pal Sharma V. State of Himachal Pradesh & others,

whereby this court, disposed of the petition by making directions contained

in judgment dated 22nd October, 2010 passed in CWP(T) No. 5495 of 2008

titled as Prakash Chand v. State of Himachal Pradesh and others,

mutatis mutandis applicable to the case of the petitioner also. Since the

respondents have failed to implement the judgment dated 24.3.2021,

petitioner has approached this Court in the instant proceedings, seeking

implementation of the judgment in question.

2. Mr. Sudhir Bhatnagar, learned Additional Advocate General,

while accepting notices on behalf of the respondents, states that though he

has reasons to believe that the judgment in question stands implemented,

but if not, same would be implemented, within a period of four weeks.

2. Consequently, in view of the fair stand taken by learned

Additional Advocate General, this Court sees no reason to keep the

present petition alive and same is disposed of with a direction to the

respondents to do the needful in terms of judgment (supra), within four

weeks, failing which petitioner would be at liberty to get the present petition

revived, so that appropriate steps towards execution of the order in

question are taken. Petition stands disposed of in above terms..

.

                                                        (Sandeep Sharma),





                                                             Judge
    August 13, 2021
       (vikrant)





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