Smt. Nanda Kumari vs . State Of H.P. And Others
2022 Latest Caselaw 856 HP

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Smt. Nanda Kumari Vs. State of H.P. and others

Execution Petition No.242 of 2021

10.03.2022 Present: Ms. Babita Chauhan, Advocate, vice Mr. A.K.

Gupta, Advocate, for the petitioner.

Mr. Sumesh Raj, Mr. Dinesh Thakur, Mr. Sanjeev Sood, Additional Advocates

General, with Mr. Manoj Bagga, Assistant

Advocate General, for the respondents­State.

When this case was taken up for

consideration, learned Additional Advocate General

submits that a perusal of the order passed by the

learned Tribunal, execution of which is being sought

by way of this petition, would demonstrate that the

direction passed therein was to consider the case of

the petitioner in the light of the judgment which

stood passed by the Hon'ble Single Bench of this

Court in CWP No.5799 of 2014, titled as Budh

Bahadur Versus the State of H.P. & others, decided

on 02.04.2015, if the same had attained finality.

Learned Additional Advocate General

submits that the Letter Patent Appeal filed against

the judgment in Budh Bahadur's case (supra) is still

pending adjudication before the Hon'ble Division

.

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Bench of this Court.

Learned counsel for the petitioner submits

that the respondent/state is unnecessarily lingering

on with the matter. She states that earlier Letter

Patent Appeal filed against the judgment of the

Hon'ble Single Bench of this Court in Budh

Bahadur's case was withdrawn by the State.

Thereafter, they filed a Review Petition which was

dismissed. Now, again a Letter Patent Appeal is

preferred by the State in which no stay is granted.

Be that as it may, as prayed for by learned

Additional Advocate General, the matter is ordered

to be listed on 02.04.2022, enable him to place on

record the orders which were passed by the Hon'ble

Division Bench of the Court in the earlier Letter

Patent Appeal filed by the State as also the orders

which have been passed in the Review Petition. It

goes without saying that in case in the present

Letter Patent Appeal, the operation of the judgment

of the Budh Bahadur's case has not been stayed by

.

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the Hon'ble Division Bench, then its natural

corollary is that the judgment passed by the learned

Singh Bench is in force.

r to List on 02.04.2022, as prayed for.

(Ajay Mohan Goel)

Judge March 10, 2022 (Rishi)