Banka Ram vs Subhasish Panda And Another
2023 Latest Caselaw 16972 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

COPC No. 452 of 2021 Reserved on: October 16, 2023 Decided on: October 20, 2023 ________________________________________________________

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    Banka Ram                                         ........... Petitioner





                                   Versus
    Subhasish Panda and another                            Respondents

________________________________________________________ Coram:

Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 No.

For the Petitioner : Mr. Nishant Khidtta, Advocate.

    For the respondents                    :
                               Ms. Sharmila Patial, Additional
                               Advocate General.

________________________________________________________ Sandeep Sharma, Judge

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

behalf of the petitioner, for initiation of contempt proceedings against

the respondents, for theirs having disobeyed the mandate contained in

judgment dated 9.4.2021 passed by this court in CWP No. 1145 of

2017, titled Banka Ram v. State of H.P. and others.

2. Since, despite specific direction contained in the aforesaid

judgment, respondents failed to initiate acquisition proceedings,

petitioner has approached this court in the instant proceedings, for

initiation of contempt proceedings against the respondents, but the

same were kept in abeyance on account of pendency of Letters Patent

Appeal filed by the State of Himachal Pradesh, against the judgment

alleged to have been violated.

3. Learned Additional Advocate General states that since now the

Letters Patent Appeal filed by the State against the judgment alleged to

Whether the reporters of the local papers may be allowed to see the judgment?

have been violated, stands dismissed, as such, some time may be

given to comply with the judgment in question.

4. Consequently, in view of aforesaid development, present

.

petition is disposed of at this stage, with a direction to the respondents

to comply with the judgment in question by initiating acquisition

proceedings, within a period of four weeks from today. Liberty is

reserved to the petitioner to file fresh contempt petition, in case the

respondents fail to comply with the judgment alleged to have been

complied with.

                     r           to             (Tarlok Singh Chauhan)
                                                         Judge

                                                   (Sandeep Sharma)
                                                        Judge
         October 20, 2023
             Vikrant