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Mandeep Kumar vs State Of Himachal Pradesh
2021 Latest Caselaw 5702 HP

Citation : 2021 Latest Caselaw 5702 HP
Judgement Date : 13 December, 2021

Himachal Pradesh High Court
Mandeep Kumar vs State Of Himachal Pradesh on 13 December, 2021
Bench: Ajay Mohan Goel
       IN THE    HIGH COURT OF HIMACHAL PRADESH AT
                             SHIMLA
                ON THE 13TH DAY OF DECEMBER 2021
                            BEFORE




                                                    .
            HON'BLE MR. JUSTICE AJAY MOHAN GOEL





                EXECUTION PETITION No.145 of 2021
    Between:-





     1. MANDEEP KUMAR
        DADHWAL S/O SH.
        SHAKTI CHAND
        R/O VILLAGE DARMAN
        P.O. PURBA TEHSIL





        DHEERA DISTT. KANGRA,
        H.P. 176084 PRESENTLY
        WORKING AS PANCHAYAT
        SECRETARY AT
        DEVELOPMENT BLOCK

        SULAH DISTRICT KANGRA

        H.P.

     2. GOPAL S/O SHRI PRITAM
        CHAND R/O VILLAGE
        NANGALIA POST OFFICE


        KANDRORO TEHSIL
        INDORA DISTRICT
        KANGRA H.P.PRESENTLY




        WORKING AS PANCHAYAT
        SECRETARY AT
        DEVELOPMENT BLOCK





        INDORA DISTRICT
        KANGRA H.P.





     3. KARAN VIR S/O LATE
        SHRI SATPAL R/O V.P.O.
        GANGATH TEHSIL
        NURPUR DISTRICT
        KANGRA H.P. PRESENTLY
        WORKING AS PANCHAYAT
        SECRETARY AT
        DEVELOPMENT BLOCK
        RAIT DISTRICT KANGRA
        H.P.




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     4. KULDEEP KUMAR S/O
       SHRI GURDAS MALL
       R/O V.P.O. GANGATH
       TEHSIL NURPUR
       DISTRICT KANGRA
       H.P.PRESENTLY




                                                .
       WORKING AS PANCHAYAT





       SECRETARY AT
       DEVELOPMENT BLOCK
       INDORA DISTRICT
       KANGRA H.P.





    5. MAYA PRASAD. S/O SHRI
       TIDU RAM R/O VILLAGE
       GHIRTHOLI P.O. PADDAR
       TEHSIL DHARAMSHALA





       DISTRICT KANGRA H.P.
       PRESENTLY WORKING AS
       PANCHAYAT SECRETARY
       AT DEVELOPMENT BLOCK

       DHARAMSHALA DISTRICT
       KANGRA H.P.

    6. SUNITA D/O BIHARI LAL
       R/O HOUSE NO 272,
       CANTT ROAD KOTWALI


       TEHSIL DHARAMSHALA
       DISTRICT KANGRA H.P.
       PRESENTLY WORKING AS
       PANCHAYAT SECRETARY




       AT DEVELOPMENT BLOCK
       RAIT DISTRICT KANGRA





       H.P.
    7. VIJAY SINGH RANA
       S/O LATE SHRI DURGA





       SINGH RANA R/O V.P.O.
       DARI TEHSIL
       DHARAMSHALA DISTRICT
       KANGRA H.P. PRESENTLY
       WORKING AS PANCHAYAT
       SECRETARY AT
       DEVELOPMENT BLOCK
       DHARAMSHALA DISTRICT
       KANGRA H.P.




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           8. KULDEEP CHAND S/O
             SHRI VIRENDER SINGH
             R/O V.P.O. PANAPER
             TEHSIL PALAMPUR
             DISTRICT KANGRA H.P.
             PRESENTLY WORKING AS




                                                      .
             PANCHAYAT SECRETARY





             AT DEVELOPMENT BLOCK
             SULAH DISTRICT KANGRA
             H.P.





          9. SAKSHI BIJLA W/O SHRI
             YASHPAUL SINGH
             R/O V.P.O. SAHOURA
             TEHSIL & DISTRICT
             KANGRA H.P& PRESENTLY





             WORKING AS PANCHAYAT
             SECRETARY AT
             DEVELOPMENT BLOCK
             RAIT DISTRICT KANGRA
             H.P.


      10. SANJEEV KUMAR S/O
          SHRI PRAKASH CHAND
          R/O VILLAGE JADRANGAL
          P.O.KARDIANA TEHSIL
          DHARAMSHALA DISTRICT


          KANGRA H.P.PRESENTLY
          WORKING AS PANCHAYAT
          SECRETARY AT




          DEVELOPMENT BLOCK
          NAGROTA BAGWAN
          DISTRICT KANGRA H.P.





    11.     ASHOK KUMAR S/O
            SHRI NIKKA RAM





            R/O V.P.O. SUNHET
            TEHSIL DEHRA
            DISTRICT KANGRA H.P.
            PRESENTLY WORKING
            AS PANCHAYAT
            SECRETARY AT
            DEVELOPMENT BLOCK
            PRAGPUR DISTRICT
            KANGRA H.P.

    12.     SH. JAGDISH CHAND S/O
            SHRI KRISHAN DEV




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           R/O VILLAGE LOWWER
          BADHAL P.O.THORE
          TEHSIL DEHRA DISTRICT
          KANGRA H.P. PRESENTLY
          WORKING AS PANCHAYAT
          SECRETARY AT




                                                   .
          DEVELOPMENT BLOCK





          PRAGPUR DISTRICT
          KANGRA H.P.





    13.   SAMIR SOHOTRA S/O
          SHRI DEVI CHAND
          R/O WARD NO.2, UPPAR
          CHAUGAN BAZAR P.O.
          NURPUR TEHSIL NURPUR





          DISTRICT KANGRA H.P.
          PRESENTLY WORKING AS
          PANCHAYAT SECRETARY
          AT DEVOPMENT BLOCK
          NURPUR DISTRICT

          KANGRA H.P.

    14.   VIRENDER KUMAR S/O
          SHRI HUKUM CHAND
          R/O VILLAGE BASOON
          P.O. KAILAN TEHSIL


          JAISINGHPUR DISTRICT
          KANGRA H.P. PRESENTLY
          WORKING AS PANCHAYAT
          SECRETARY AT




          DEVELOPMENT BLOCK
          LAMBAGAON DISTRICT





          KANGRA H.P.

    15.   SANJEEV KUMAR S/O
          AMIN CHAND, R/O V.P.O





          BANGALI TEHSIL DEHRA
          DISTRICT KANGRA H.P.
          PRESENTLY WORKING AS
          PANCHAYAT SECRETARYAT
          DEVELOPMENT BLOCK
          NAGROTA SURIAN
          DISTRICT KANGRA H.P.

                                                   ......PETITIONER

     (BY MS. RANJANA PARMAR, SENIOR ADVOCATE, WITH MR.




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     KARAN SINGH PARMAR, ADVOCATE, FOR THE PETITIONERS)

    AND

    1. STATE OF HIMACHAL PRADESH,
       THROUGH SECRETARY




                                                         .
       (RURAL DEVELOPMENT) TO THE





       GOVERNMENT OF
       HIMACHAL PRADESH SHIMLA-2 H.P.





    2. THE DIRECTOR RURAL DEVELOPMENT
       HIMACHAL PRADESH SHIMLA-2 H.P.

    3. SECRETARY (FINANCE) TO THE
       GOVERNMENT OF HIMACHAL





       PRADESH SHIMLA-2 H.P.
                                                    .....RESPONDENTS
       (MR. ADARSH SHARMA, MR. SUMESH RAJ AND MR.
       SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS FOR

       THE RESPONDENTS)

    WHETHER APPROVED FOR REPORTING?
            This petition coming on for hearing this day, the Court
    passed the following:


                             JUDGMENT

Ex. Pet. No.145 of 2021 & CMP-T No.982 of 2021

Learned Senior Counsel appearing for the petitioners

inform the Court that now the judgment passed by the Court,

execution of which is being sought by way of this petition, stands

complied with in letter and spirit. She, however, has drawn the

attention of this Court to CMP-T No.982 of 2021, filed in this

petition and has prayed that the names of two petitioners i.e.

petitioners No.3 and 11, namely Karan Vir & Shashi Bijla, have

been erroneously mentioned in the memo of parties of the writ

petition as well as In letters patent appeal and the present

execution petition. She submits that as the error in this regard was

bona fide and typographical, it will be in the interest of justice, in

case this application is allowed and the names of the said

.

petitioners are ordered to be corrected by permitting the applicants

to file amended memo of parties in the writ petition as well as in

letters patent appeal and in these execution proceedings. There is

no serious objection to the prayer, so made to this application,

accordingly, the same is allowed as prayed for and this application

is disposed of with the direction that names of petitioners No.3 and

11 be read as Karan Bir Singh instead of Karam Vir and Sakshi

Bijla instead of Shashi Bijla, respectively. Amended memo of

parties are ordered to be taken on record in the respective

pleadings of the writ petition, letters patent appeal as well as

execution petition. Registry is also directed to carry out necessary

correction in the memo of parties.

In view of the above, the petition as well as the

application stand disposed of.

(Ajay Mohan Goel)

Judge

December 13, 2021 Vinod

 
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