Himachal Pradesh High Court
________________________________________________________ vs Subhasish Panda & Ors on 29 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
COPC No.150 of 2023 in CWP
No.74 of 2019
.
Decided on: 29th November, 2023
________________________________________________________
Hem Raj Mehta ....Petitioner
Versus
Subhasish Panda & ors. ....Respondents
of
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
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For the petitioner : Mr. V.D. Khidtta, Advocate.
For the respondents : Mr. B.C. Verma, Additional
Advocate General.
Ranjan Sharma, Judge (Oral)
Present COPC No.150 of 2023 has been filed,
seeking the non-implementation of the judgment passed
by the Co-ordinate Bench of this Court in CWP No.74 of
2019, titled as Hem Raj Mehta versus Subhasish Panda
& ors., decided on 23.09.2021 (Annexure C-1) against
which the State Authorities have filed a LPA i.e. LPA
Whether reporters of Local Papers may be allowed to see the judgment? Yes
No.155/2022, titled as State of H.P. & Others versus
Hem Raj Mehta & Others, decided on 10.03.2023
(Annexure C-4). The LPA filed by the State was dismissed
.
by the Division Bench of this Court.
2. After the dismissal of LPA, the petitioner
moved a representation on 20.03.2023 (Annexure C-5)
seeking implementation of the judgment.
of
3. The present Contempt Petition was filed with
the plea that even after the dismissal of LPA, the
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respondents have neither started the process nor acquire
the land and paid the requisite compensation to the
petitioner, which was alleged to be an act of willful
disobedience and was alleged to be contemptuous with
the intention to disregard the judgments passed by this
Court.
4. In the background of the averments, this Court
issued notice in the instant COPC No.150 of 2023 on
13.06.2023, the matter was thereafter listed on
05.07.2023, then on 25.07.2023 then, on 04.08.2023
then, on 20.09.2023 and lastly on 01.11.2023, whereby
this Court granted last opportunity to the respondents to
comply with the judgment and in case the judgment was
.
not complied with within four weeks, the respondents
were directed to appear in person on 29.11.2023 (today).
5. As a sequel to the orders dated 01.11.2023,
passed by this Court Mr. B.C. Verma, learned State
of
Counsel has placed on record the copy of the orders
passed in Special Leave to Appeal (C) No. 23966 of 2023,
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titled as State of H.P. & Others versus Hem Raj Mehta &
Others, whereby the Hon'ble Apex Court had passed an
order on 24.11.2023, by issuing notice of the SLP to the
present contempt petitioners who are the respondents in
the SLP as aforesaid; with directions to file the reply
within four weeks.
6. In the aforesaid background, once the Hon'ble
Apex Court has already ceased of the matter with respect
to the judgments passed by this Court in CWP No.74 of
2019, dated 23.09.2021 (Annexure C-1) and the
judgment in LPA No.155 of 2022, dated 10.03.2023
(Annexure C-4) then, this Court is of the view that the
action of the respondents, is neither willful nor
.
contumacious. In view of this, the present Contempt
Petition is closed.
However, the petitioner is free to avail the
appropriate remedy, if so desires after the decision of the
of
aforesaid SLP in accordance with law.
CMP No. _____ of 2023
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This is an application by the Principal
Secretary (Public Works), government of Himachal
Pradesh, seeking exemption from appearance in this
Court in terms of the earlier orders. The prayer for
exemption is granted in terms of the orders passed.
(Ranjan Sharma)
Judge
November 29, 2023
(Shivender)
