Sh. Hari Ram vs Sh. Ram Subhag Singh
2021 Latest Caselaw 6041 HP

    IN   THE   HIGH    COURT    OF   HIMACHAL        PRADESH,            SHIMLA




                                                          .
                    ON THE 31st DAY OF DECEMBER, 2021





                              BEFORE
                HON'BLE MR. JUSTICE SANDEEP SHARMA





     CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) No. 906 of 2020

         Between:

         SH. HARI RAM,





         S/O SH. PARMA NAND,
         R/O VILLAGE SAITHAL,
         P.O. BHANTHAL,
         TEHSIL KARSOG,
         DISTRICT MANDI,

         HIMACHAL PRADESH.

                                                              ....PETITIONER
         (BY MR. DEVENDER SHARMA,
         ADVOCATE)


         AND


    1.   SH. RAM SUBHAG SINGH




         (PR. SECRETARY FOREST),
         TO THE GOVERNMENT OF HIMACHAL
         PRADESH, SHIMLA, DISTRICT SHIMLA, H.P.





    2.   SH. AJAY SHARMA,
         CHIEF CONSERVATOR OF FOREST,





         FOREST DEPARTMENT TALLAND,
         SHIMLA, DISTRICT SHIMLA, H.P.

    3.   SH. RAJ KUMAR,
         DIVISIONAL FOREST OFFICER,
         FOREST DIVISION KARSOG,
         DISTRICT MANDI, HIMACHAL PRADESH

                                                           ....RESPONDENTS




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                                                                       .
          (BY MR. NARENDER THAKUR,





          GAURAV SHARMA AND
          MR. KAMAL KISHORE SHARMA,
          DEPUTY ADVOCATES GENERAL.)





    Whether approved for reporting?.


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





                                          ORDER

By way of present contempt petition, prayer has been made on

behalf of the petitioner for initiation of contempt proceedings against the

respondents for having their willfully and intentionally disobeyed the

directions contained in order dated 1.11.2017, rendered by the erstwhile

HP State Administrative Tribunal in OA No. 4442 of 2007, titled Hari Ram

v. State of HP and Ors, whereby a direction was issued to the respondents

to extend the benefit of judgment passed by the erstwhile Tribunal in OA

No. 5338 of 2016, titled Hero Devi v. State of Himachal Pradesh and Ors.

While passing the aforesaid order, erstwhile Tribunal also ordered that in

case petitioner is found to be similarly situate to Hero Devi's case supra, he

would be given similar benefits within a period of two months. Since

needful was not done by the respondents in terms of aforesaid order passed

by the erstwhile Tribunal, petitioner was compelled to approach this Court

in the instant proceedings.

2. Careful perusal of compliance affidavit filed by the respondents

.

in terms of notice issued in the instant petition reveals that case of the

petitioner was duly considered by the respondents in light of judgment

passed by the erstwhile Tribunal in Hero Devi case supra, but since case of

the petitioner was not found to be similarly situate with Hero Devi's case,

his case was rejected vide order dated 14.9.2020 (Annexure R-II), annexed

with the reply/compliance affidavit. Since there was only direction to

consider and decide the case of the petitioner in light of Hero Devi's case

(supra) and same has been considered and rejected, this Court does not see

any reason to agree with the contention of Mr. Devender Sharma, learned

counsel for the petitioner that respondents have not complied with

order/judgment alleged to have been violated, rather by passing order

dated 14.9.2020, respondents have complied with the directions contained

in the order alleged to have been violated and as such, noting remains to be

adjudicated in the present petition and same is closed. However, liberty is

granted to the petitioner to file appropriate proceedings before appropriate

court of law, if so advised.

    31st December, 2021                               (Sandeep Sharma),
         (manjit)                                           Judge