Office vs State Of H.P And
2021 Latest Caselaw 5440 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                          .
                 ON THE 26th DAY OF NOVEMBER, 2021





                         BEFORE
            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





      CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) No. 74 of 2019
            WITH EXECUTION PETITION NO. 255 OF 2020
    Between:-





    COPCT NO. 74 OF 2019

    SH. GOVIND SINGH SON OF SH SUBA
    RAM, R/O VILLAGE ALYAD, POST

    OFFICE, ALSINDI, TEHSIL KARSOG,
    DISTRICT MANDI, HIMACHAL PRADESH.

                                             ........ PETITIONER.
    ( BY MR. DEVINDER SHARMA, ADVOCATE
    VICE MR. C.N SINGH, ADVOCATE)



    AND

    1. SH.   DIVESH     KUMAR   PR.




    SECRETARY (IRRIGATION & PUBLIC
    HEALTH), TO THE GOVERNMENT OF





    HIMACHAL     PRADESH,   SHIMLA,
    DISTRICT SHIMLA. H.P.





    2. SH. NAVEEN PURI, ENGINEER-IN-
    CHIEF, IRRIGATION AND PUBLIC
    HEALTH DEPARTMENT, U.S CLUB
    SHIMLA.

    3. SH.      V.S      THAKUR,
    SUPERINTENDING      ENGINEER,
    IRRIGATION AND PUBLIC HEALTH
    DEPARTMENT, CIRCLE, SHIMLA,
    DISTRICT   SHIMLA,  HIMACHAL
    PRADESH-09.

    4. SH. D.K   LOHIYA, EXECUTIVE
    ENGINEER,     IRRIGATION  AND




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    PUBLIC    HEALTH    DEPARTMENT,
    DIVISION, SUNNI, DISTRICT SHIMLA,




                                                          .
    HIMACHAL PRADESH.





                                             .....RESPONDENTS
    (MR. RAJU RAM RAHI, DEPUTY ADVOCATE





    GENERAL)

    EXECUTION PETITION NO. 255 OF 2020

    SH. GOVIND SINGH SON OF SH SUBA





    RAM, R/O VILLAGE ALYAD, POST
    OFFICE, ALSINDI, TEHSIL KARSOG,
    DISTRICT MANDI, HIMACHAL PRADESH.

                                             ........ PETITIONER.

    ( BY MR. DEVINDER SHARMA, ADVOCATE

    VICE MR. C.N SINGH, ADVOCATE)

    AND


    1. STATE OF HIMACHAL PRADESH
    THROUGH ITS (PR. SECRETARY
    (IRRIGATION & PUBLIC HEALTH
    DEPARTMENT),      TO      THE




    GOVERNMENT     OF    HIMACHAL
    PRADESH, SHIMLA,





    2. ENGINEER-IN-CHIEF, IRRIGATION
    AND PUBLIC HEALTH DEPARTMENT,





    U.S CLUB SHIMLA.

    3. THE          SUPERINTENDING
    ENGINEER,    IRRIGATION     AND
    PUBLIC   HEALTH    DEPARTMENT,
    CIRCLE, SHIMLA, DISTRICT SHIMLA,
    HIMACHAL PRADESH-09.

    4. THE   EXECUTIVE  ENGINEER,
    IRRIGATION AND PUBLIC HEALTH
    DEPARTMENT, DIVISION, SUNNI,
    DISTRICT   SHIMLA,  HIMACHAL
    PRADESH.
                                             .....RESPONDENTS




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    (MR. RAJU RAM RAHI, DEPUTY ADVOCATE




                                                                     .
    GENERAL)





    Whether approved for reporting?





     These petitions coming on for admission this day, the Court passed the following:-

                                   ORDER

CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) No. 74 of 2019

This petition has been filed for violation of interim order

passed by erstwhile Himachal Pradesh Administrative Tribunal in

OA No. 1598 of 2019 titled Govind Singh versus State of H.P and

others. The said O.A was converted to CWPOA No. 79 of 2019 and

was decided by the Division Bench of this Court on 5.12.2019. Later

on by allowing the Review Petition No. 81 of 2021, the said order

was set aside and petition was reheard and again decided on

20.9.2021. Now interim order has been merged in the final

judgment passed by the Division Bench, therefore, present petition

is closed and disposed of with direction to the respondents to ensure

compliance of the final judgment on or before 31.12.2021 as has

been pronounced by the Division Bench of this Court on 20.9.2021.

Needless to say that petitioner is entitled for taking

available recourse of law for redressal of his grievance, in case

order is not complied with including filing fresh contempt petition. All

.

pending applications stand disposed of accordingly.

EXECUTION PETITION NO. 255 OF 2020

This execution petition has been filed for

implementation of judgment dated 5.12.2019 passed by Division

Bench of this Court in CWPOA No. 79 of 2019. The said judgment

was recalled and set aside vide order dated 31.8.2021 passed in

Review petition No. 81 of 2021 and thereafter petition has been

decided afresh vide judgment dated 20.9.2021. Therefore, this

petition has become infructuous and accordingly closed and

disposed of with liberty to the petitioner to avail appropriate remedy

for redressal of his grievances, if any.

All pending applications stand disposed of

accordingly.

    26th November, 2021                               (Vivek Singh Thakur),
       (priti)                                             Judge.