Village Banog vs Unknown
2021 Latest Caselaw 5949 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 30th DAY OF DECEMBER, 2021

                                  BEFORE




                                                             .

             HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

         CIVIL ORIGINAL PETITION CONTEMPT (T) NO. 799 OF 2020





    Between:-

    MADAN SWROOP SON OF SH.
    KHAYALI RAM, RESIDENT OF





    VILLAGE BANOG, P.O. TIMBER,
    TEHSIL     RAJGARH,   DISTT.
    SIROUR, H.P.
                                                         ...PETITIONER

    (BY SH. ABHYENDER GUPTA &
    MS. BABITA, ADVOCATES)

    AND

    DR.    ASHWANI       SHARMA,
    EXECUTIVE           DIRECTOR



    (PERSONNEL)   HPSEBL    WITH
    HEADQUARTERS     AT    KUMAR
    HOUSE, SHIMLA-4.




                                                   ...RESPONDENT
    (MS.    RUMA             KAUSHIK,
    ADVOCATE).





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





                                  ORDER

By medium of this petition, the petitioner initiated

contempt proceedings against the alleged violation of the order

dated 14.12.2017 passed in O. A. No. 7125 of 2016, titled as

Madan Swroop vs. HPSEB Ltd.

2. Now adverting to the judgment rendered in Madan

Singh's case (supra), it would be noticed that the petitioner

therein had approached the Court for claiming the benefits on the

line of OA No. 1304 of 2015, titled as Nanak Chand and others vs.

HPSEB Ltd. and another, decided on 24.09.2015, on the pretext

.

that the said order had attained finality, whereas the said order

was assailed before this Court by filing CWP No. 2398 of 2016,

titled as HPSEB Ltd vs. Nanak Chand and others.

3. No doubt, the writ filed by the HPSEB Ltd. was initially

dismissed vide judgment dated 04.09.2017, however, thereafter

was allowed r vide

the HPSEB Ltd. has filed a review petition No. 34 of 2018 and the

same judgment dated

accordingly the order dated 04.09.2017 was reviewed and 16.07.2021 and

recalled and the writ petition was ordered to be restored.

4. In such circumstances, obviously, when the issue in

question is still at large and the judgment rendered by the learned

Tribunal in OA No. 1304 of 2015, titled as Nanak Chand vs.

HPSEB Ltd. has not attained finality, therefore, this contempt

petition is clearly misconceived at this stage and is accordingly

dismissed.

(Tarlok Singh Chauhan), Judge

30th December, 2021 (Sanjeev)