On 30.04.2019) vs Unknown
2021 Latest Caselaw 5706 HP

                                      1




    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 13th DAY OF DECEMBER, 2021




                                                           .

                                BEFORE

            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





          EXECUTION PETITION TRIBUNAL) NO.141 OF 2021
    Between:-
    MURARI LAL
    S/O SH. MAST RAM,





    RESIDENT OF VILLAGE AMLA TALE,
    POST OFFICE BHARGAOU,
    TEHSIL KOTLI,
    DISTRICT MANDI H.P.

    (RETIRED AS ALM IN HPSEB DIVISION
    MANDI, DISTRICT MANDI, H.P.

    ON 30.04.2019)
                                                           ...PETITIONER
    (BY SH.LOVNEESH THAKUR, ADVOCATE)


         AND

    1.   THE    HIMACHAL    PRADESH    STATE
         ELECTRICITY BOARD,




         THROUGH      ITS  CHIEF   EXECUTIVE
         OFFICER-CUM-SECRETARY,
         THE HEADQUARTER, SHIMLA, H.P.





    2.   THE EXECUTIVE ENGINEER, HPSEBL,
         DIVISION MANDI, DISTRICT MANDI, H.P.
                                                       ...RESPONDENTS





         (BY SH.ANIL KUMAR GOD, ADVOCATE)


    Whether approved for reporting?
                This execution petition coming on for orders this day,
    the Court passed the following:

                            ORDER

Learned counsel for the respondents has placed on

record copy of order dated 15.05.2014, passed by the Division

Bench of this Court in CMP(M) No. 563 of 2014 in Civil Revision

Petition, titled as HPSEB Ltd. and another vs. Hira Singh, wherein

it has been clarified by the Division Bench that judgment in Hira

.

Singh's case has been rendered in the given facts and

circumstances and shall not be treated as a binding precedent.

He has further submitted that on filing of Review Petition by the

Board in CWP No.2398 of 2016, titled as HPSEB Ltd. & another

Vs. Nanak Chand and others, final judgment passed therein, has

been recalled and the writ petition has been restored to its

original position and now it is pending adjudication before the

Division Bench.

2. In view of above, present petition is disposed of with

liberty to the petitioner to file a fresh or revive it, if occasion

arises to do so and also in changed circumstances as judgment

in Hira Singh's case is not to be treated as a binding precedent

and judgment in Nanak Chand's case is set aside, if advised so to

file comprehensive writ petition for adjudication of claims of the

petitioner on merit.

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

(Vivek Singh Thakur), Judge.

December 13, 2021 (Purohit)