Himachal Pradesh High Court
Microtek Universal Power Products Pvt. ... vs State Of H.P & Ors on 2 September, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ex. Pet. Nos.764 to 768 of 2024
Decided on: 2nd September, 2024
_________________________________________________________________
.
1. Ex. Pet. No. 764 of 2024
Microtek Universal Power Products Pvt. Ltd.
....Petitioner
Versus
State of H.P & Ors.
...Respondents
_________________________________________________________________
2. Ex. Pet. No. 765 of 2024
M/s Microtek Tangent Power Pvt. Ltd.
....Petitioner
Versus
State of H.P & Ors.
...Respondents
_________________________________________________________________
Microtek Himachal Power Products Pvt. Ltd.
....Petitioner
Versus
State of H.P & Ors.
...Respondents
_________________________________________________________________
Microtek Shivalik Industries Pvt. Ltd.
....Petitioner
Versus
State of H.P & Ors.
...Respondents
_________________________________________________________________
Microtek Balaji Powertronics Pvt. Ltd.
....Petitioner
.
Versus
State of H.P & Ors.
...Respondents
_________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
____________________________________________________________
For the petitioner(s):
For the respondents:
to Mr. Shivank Singh Panta, Advocate,
in all the matters.
Mr. Y.P.S.Dhaulta, Additional
Advocate General with Ms. Leena
Guleria, Deputy Advocate General for
respondents No. 1,2 and 4 in all the
matters.
Mr. Kush Sharma, Advocate, for
respondent No.3 in all the matters.
Jyotsna Rewal Dua, Judge
Following order was passed in these matters on
13.08.2024:-
"Learned Additional Advocate General had
supplied instructions dated 12.08.2024 imparted to him
by District Collector, Solan, along with copy of office
instructions dated 12.08.2024 addressed by Sub-
Whether reporters of Local Papers may be allowed to see the judgment? yes
Registrar-cum-Naib Tehsildar, Parwanoo to the Collector
Solan. The contents of the office instructions dated
12.08.2024 as well as the office letter dated 12.08.2024
were not in consonance and actually were de hors the
.
factual position, writ large in the case file. Learned
Advocate General was directed to have fresh
instructions in the matter.
Fresh instructions from the office of Joint
Secretary (Revenue) to the Government of Himachal
Pradesh have been placed on record. In terms of these
instructions: matter is under process; Name of petitioner
company will be changed in the revenue records within
a weeks' time after completing the codal formalities.
Learned Additional Advocate General on
instructions further submitted that the amount due and
admissible to the petitioner shall also be released within
the aforesaid period. At his request, list the matter on
02.09.2024.
Compliance affidavit be also filed before the next
date."
2. In compliance to the above order, learned
Additional Advocate General produced an affidavit dated
02.09.2024 of the Joint Secretary (Revenue) to the
Government of Himachal Pradesh, which is taken on record.
In terms of this affidavit: -
"1. That in compliance to the judgment of Hon'ble High
Court passed in CWP No. 2823 of 2023 alongwith CWP
Nos. 3265/2023, 3277/20233312/2023, 3314/2023
and CWP No. 3916/2023 dated 31.08.2023, the lease
hold rights have been recorded in the name of Petitioner
Companies in terms of the direction of Hon'ble Court by
changing the name of erstwhile partnership firms to
newly formed companies through mutation attested on
dated 31.08.2024."
.
The respondents have now complied with the
directions of the Court by changing the name of the erstwhile
partnership firms to the newly formed companies through
mutation attested on 31.08.2024.
3. In respect of release of amount due and
admissible to the petitioner(s), learned Additional Advocate
General has placed on record instructions dated 02.09.2024
from the Joint Secretary (Revenue) to the Government of
Himachal Pradesh, which read as under: -
"Subject:- Ex. Petition Nos. 764 to 768 of 2024, titled
as M/s Microtek Universal Power Products
Vs. State of H.P. and other.
Sir,
I am directed to refer to the subject cited
above and to submit that in compliance to the
judgment of Hon'ble H.P. High Court passed in above
mentioned case on dated 13.08.2024, that the 20
numbers of Stamp Certificates amounting to
Rs.23,60,700/- only have been cancelled and the
further action of release of these funds through the
Sub-Treasury Kasauli, Distt. Solan is under process.
The same shall be released within a week time."
4. In view of assurance given in the afore extracted
instructions that due and admissible amount shall be
released in favour of the petitioner(s) within a week, all these
execution petitions are disposed, however reserving liberty to
.
the petitioner(s) to seek appropriate remedy, in accordance
with law, for redressal of their surviving grievances, if any.
Pending miscellaneous application(s), if any, also
stand disposed of.
September 2, 2024
to Jyotsna Rewal Dua
Judge
R.Atal
