Dr. Prem Saxena vs . State Of H.P. And Others
2024 Latest Caselaw 16276 HP

Himachal Pradesh High Court

Dr. Prem Saxena vs . State Of H.P. And Others on 23 October, 2024

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Dr. Prem Saxena Vs. State of H.P. and others along with connected matters.

Execution Petition Nos. 368 of 2024 along with Execution Petition Nos. 322, 323 and 366 of 2024.

Execution Petition No. 368 of 2024

23.10.2024 Present: Mr. Anuj Nag, Advocate, for the petitioner.

M/s Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for the respondent/State.

Execution Petition No. 322 of 2024

Mr. Lalit Kumar Sehgal, Advocate, for the petitioner.

M/s Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for the respondent/State.

Mr. Tara Chand Chauhan, Advocate, for respondent No.3.

Execution Petition No. 323 of 2024

Mr. Lalit Kumar Sehgal, Advocate, for the petitioner.

M/s Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for the respondent/State.

Ms. Komal Chaudhary, Advocate, for respondent No.3.

Execution Petition No. 366 of 2024

Mr. Anuj Nag, Advocate, for the petitioner.

M/s Anup Rattan, Advocate General, with Mr. Ramakant Sharma, Additional Advocate General, for the respondent/State. Execution Petition Nos. 366 and 368 of 2024

These execution petitions have been filed for

implementation of judgment dated 16.9.2023, passed in

CWP Nos. 181 of 2022 and 268 of 2022, passed by

Division Bench of this Court, decided along with LPA No.

178 of 2021.

The aforesaid judgment was assailed by the

State by filing SLP (Diary No. 26866 of 2024), which was

dismissed as withdrawn on 5.8.2024 by reserving the

right of the State/Department to approach the High

Court with an appropriate application for seeking

clarification of the impugned order(s).

Till date, neither any application seeking

clarification has been filed nor order has been

implemented despite availing opportunities.

On 1.10.2024, it was categorically recorded

in the order that in case no application was filed then

respondents would ensure compliance of the order

passed by the Court.

In the aforesaid circumstances, one more but

last opportunity of two weeks' is granted to ensure

compliance, failing which, adverse order shall follow.

List on 12.11.2024.

Execution Petition Nos. 322 and 323 of 2024

In these matters, main petitions CWP No.

7260 and 7261 of 2021 were decided on 23.11.2021, in terms of the judgment dated 4.5.2021, passed in

CWPOA No. 1184 of 2020.

LPA No. 178 of 2021 preferred by the State

against the judgment dated 4.5.2021 passed in CWPOA

No. 1184 of 2020 was dismissed on 16.09.2023. SLP

Diary No. 26866 of 2024, preferred by the State against

LPA No. 178 of 2021, was also dismissed as withdrawn

on 5.8.2024 in the terms referred above.

The judgments passed in cases of the

petitioners in CWP No. 7260 and 7261 of 2021 were

never assailed by the State. Therefore, judgments in

these matters have attained finality.

Implementation be ensured within two

weeks, failing with adverse order shall follow.

List for consideration on 12.11.2024.

(Vivek Singh Thakur) Judge

(Rakesh Kainthla) Judge 23rd October, 2024 (Chander)