Desh Raj vs State Of H.P And Others

@JUDGEMENTTAG- JUDGEMENT

Sandeep Sharma, J

By way of instant Execution Petition filed under Rule 16 (1) of the H.P. High Court Original Side Rules, prayer has been made on behalf of the petitioner for issuance of directions to the respondents to implement/execute the judgment dated 26.09.2023 passed by this Court in CWP No. 3671 of 2023, titled as Desh Raj vs. The State of H.P. and others.

Careful perusal of aforesaid order/judgment sought to be executed, reveals that this Court having taken note of the undertaking given by the respondents that arrears shall be paid to the petitioner, disposed of the aforesaid petition with a direction to do the needful within a period of four weeks. Since, despite there being specific direction to do the needful, as taken note hereinabove, respondents failed to pay the arrears to the petitioner, petitioner has approached this Court in the instant proceedings.

Mr. Rajan Kahol, learned Additional Advocate General while accepting notice on behalf of the respondents, states that though he has every reason to believe and presume that by now aforesaid judgment/ order sought to be executed, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the aforesaid undertaking given by learned counsel for the respondents, this Court sees no reason to keep the present petition alive and the same is accordingly disposed of with the direction to the respondents to do the needful, positively within a period of four weeks, if not already done, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken towards implementation of the judgment/ order, sought to be executed in the instant proceedings.