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2011 DAILYLAW 2628 (HP)

MOHINDER KUMAR RATHOUR v. THE STATE OF HP AND ANOTHER

EX.P./2011/2026 · 2026-09-11

Sandeep Sharma

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Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Execution Petition No.2011 of 2026 Date of Decision: 11.09.2025 _______________________________________________________ Mohinder Kumar Rathor …….Petitioner Versus State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vikrant, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant Execution Petition, prayer has been made on behalf of the petitioner for issuance of directions to the respondents for implementation and execution of the order/judgment dated 18.03.2025 passed by this Court in CWP No.1811 of 2025, titled as Mohinder Kumar Rathore & Ors. Vs. State of Himachal Pradesh & Ors. 2. Careful perusal of aforesaid order/judgment, sought to be executed in the present proceedings, reveals that this Court, while disposing of the writ petition filed by the petitioner, directed the respondents to consider and decide the case of the petitioner in light of judgment passed by the Division Bench of this Court in CWP No. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2004 of 2017, titled as Taj Mohammad Vs. State of Himachal Pradesh and Ors. within six weeks. Since, despite there being specific direction to do the needful, as taken note herein above, respondents failed to comply with the judgment, petitioner has approached this Court in the instant proceedings. 3. 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 orders, 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. 4. Consequently, in view of the afore undertaking given by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with direction to the respondents to do the needful, positively within a period of four weeks from today, 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. (Sandeep Sharma), Judge September 11, 2026 (sunil)