Between vs State Of Himachal Pradesh
2021 Latest Caselaw 5075 HP

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 27th DAY OF OCTOBER, 2021




                                                               .
                                 BEFORE





             HON'BLE MR. JUSTICE AJAY MOHAN GOEL
                   Execution Petition No. 272 of 2021





      Between:-
      Piar Singh, S/o Sh. Chaudhary
      Ram, R/o Village Dolu, P.O.
      Jatehri,     Tehsil    Bangana,




      District Una, H.P., presently
      working as TGT (N/M), GSSS
      Kiarkoti, District Shimla, H.P.
                                                      ...PETITIONER

      (BY Shri Bhuvnesh Sharma, Advocate)

      AND

1.    STATE OF Himachal Pradesh
      through its Principal Secretary



      (Education) to the Govt. of
      Himachal     Pradesh,   Shimla-
      171002 (H.P.).




2.    The Director of Elementary





      Education, Himachal Pradesh,
      Shimla-1.
                                               ...RESPONDENTS
      (SHRI ASHOK SHARMA, ADVOCATE





      GENERAL, WITH M/S ADARSH
      SHARMA    &   SANJEEV  SOOD,
      ADDITIONAL ADVOCATES GENERAL
      AND KAMAL KANT CHANDEL,
      DEPUTY ADVOCATE GENERAL)
      Whether approved for reporting? No.
__________________________________________________________
         This petition coming on for orders this day, the Court passed
the following:




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                         ORDER

Compliance affidavit stands filed. A perusal of the same

.

demonstrates that an Execution Petition was filed by a party, whose writ

petition was disposed of by the common judgment, vide which, the case of

the present petitioner was also disposed of, praying for similar reliefs

therein, as stand prayed for by way of present execution petition and the

relief stood refused by this Court in execution proceedings, i.e., Execution

Petition No. 2/2019 filed in CWP No. 7440/2010, decided on 08.04.2019

on the ground that in the lead case, financial arrears stood denied by the

Hon'ble Supreme Court.

2. Faced with this situation, learned counsel for the petitioner

submits that though the petitioner is not pressing this petition on the

grounds raised therein, but closure of this petition should not come in the

way of the petitioner in case there is any other surviving grievance of the

petitioner.

3. Accordingly, these proceedings are ordered to be closed, but

with the observation that same will not act as a bar to the petitioner in

approaching the Court afresh in case there is some other executable

cause in favour of the petitioner, other than the one raised in the present

petition.

(Ajay Mohan Goel) Judge October 27, 2021 (bhupender)