Sh. Devi Singh Son Of vs State Of
2021 Latest Caselaw 4187 HP

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        IN     THE   HIGH     COURT OF        HIMACHAL          PRADESH, SHIMLA

                        ON THE 26th DAY OF AUGUST, 2021




                                                                    .
                                   BEFORE





                     HON'BLE MR. JUSTICE SANDEEP SHARMA

                      EXECUTION PETITON No. 303 OF 2021





      Between:

      SH. DEVI SINGH SON OF
      LATE SH. KHAYALI RAM, R/O
      VILLAGE, KHARAL, POST OFFICE,





      BAGSHAR, TEHSIL KARSOG,
      DISTRICT MANDI, H.P.
                                                                               ....PETITIONER

      (BY. SH. DEVENDER SHARMA, ADVOCATE)


       AND

    1. STATE   OF HIMACHAL PRADESH,
       THROUGH          ITS      PRINCIPAL
       SECRETARY       (I&PH)   TO    THE


       GOVERNMENT         OF     HIMACHAL
       PRADESH.
    2. ENGINEER-IN-CHIEF,        HIMACHAL
       PRADESH     I&    PH   DEPARTMENT,




       SHIMLA-02.
    3. THE            SUPERINTENDENTING
       ENGINEER,      I&PH DEPARTMENT,





       CIRCLE, SUNDERNAGAR, DISTRICT
       MANDI, H.P.
    4. THE EXECUTIVE ENGINEER, I&PH,





       JAL SHAKTI DIVISION, KARSOG,
       DISTRICT MANDI, H.P.
                                                                           ....RESPONDENTS

      (BY SH. SUDHIR BHATNAGAR AND SH.
      DESH RAJ THAKUR, ADDITIONAL
      ADVOCATE GENERALS WITH SH.
      KAMAL SHARMA, DEPUTY ADVOCATE
      GENERAL, FOR R-1 TO 4)
      Whether approved for reporting?


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




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                      ORDER

By way of instant Execution Petition filed under Rule 16 of

.

the H.P. High Court Original Side Rules, prayer has been made on

behalf of the petitioner for issuance of directions to the respondents to

implement/ execute the judgment dated 2.11.2020, passed by this

Court in CWP No.2110 of 2020, titled as Devi Singh versus State of

Himachal Pradesh and others.

2. Careful perusal of aforesaid judgment, alleged to have been

violated, (Annexure P-1), reveals that this Court while allowing the

petition directed the respondents to release the pension in favour of the

petitioner from the due date alongwith consequential benefits, but

since needful has been not done till date, petitioner has approached

this Court in the instant proceedings.

3. Mr. Sudhir Bhatnagar, learned Additional Advocate

General representing the respondents while accepting notice on behalf

of the respondents states that though he has every reason to believe

and presume that by now aforesaid judgment alleged to have been

violated, must have been complied with, but if not, same would be

complied with within a period of two weeks from today.

4. Consequently, in view of the fair statement made by

learned Additional Advocate General representing the respondents, this

Court sees no reason to keep the present petition alive and as such,

same is accordingly disposed of with the direction to the respondents

to do the needful in terms of judgment dated 2.11.2020, passed by this

Court in CWP No.2110 of 2020, positively within a period of two

weeks, if not already done, failing which, petitioner would be at liberty

.

to get the present proceedings revived, so that appropriate action, in

accordance with law, is taken towards implementation of the

judgment/ order, sought to be executed in the instant proceedings.

    26th August, 2021                               (Sandeep Sharma),
         (shankar)                                        Judge


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