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Judgment
13 paragraphs · 245 wordsRavi Malimath, J
1 . This petition has been filed on the ground that the judgment dated 16th October, 2020, passed in CWPOA No.3162 of 2020, titled Dishant Kumar
Versus State of H.P. & Others, has been disobeyed.
The compliance affidavit has been filed to indicate that the judgment has been complied with. However, what is being contended by the learned
counsel for the petitioner is the order of this Court dated 06.07.2021. We have considered the same. While passing the order, apparently what was not
noticed was that the directions issued in para 5 of the aforesaid judgment are based on contingency. The Division Bench has said that if the case of
the petitioner falls within the ambit of the policy, then the directions had to be complied with.
Apparently, according to the respondents, the petitioner does not come within the ambit of the policy. Therefore, the order dated 7th July, 2021
(Annexure R-I) has been passed.
In view of the contingency in para 5 of the judgment of the Division Bench, we do not find that any disobedience or non-compliance of the judgment
has taken place. The compliance affidavit is in accordance with law.
Hence, we find no good ground to proceed further. The execution petition is disposed off accordingly and the contempt proceedings are dropped.
It is needless to say that the petitioner is always at liberty to pursue such remedies as available to him under law.