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2025 DAILYLAW 1235 (HP)

OM PRAKASH SHARMA v. THE COLLECTRO EXCISE CUM ADDITIONAL COMMISSIONER AND ANOTHER

/2021/2026 · 2026-02-24

Jyotsna Rewal Dua

body2025

Judgment text

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Om Prakash Sharma Vs. State & Anr. CWP No. 19941/2025 24.02.2026 Present: Mr. Praveen Sharma, Advocate, for the petitioner. Mr. Y.P.S. Dhaulta, Mr. L.N. Sharma, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General for respondents-State. CMP No. 2021/2026 The main writ petition was disposed of on 23.12.2025 as under: - “3. As learned Senior Counsel for the petitioner submits that the petitioner shall continue to pay the current licence fee in terms of the conditions of allotment of vends to the petitioner and the arrears shall be cleared before 31.01.2026. 4. The petition is disposed of by taking his statement on record, but, with the observation that in case the arrears are not cleared on or before 31.01.2026, then, the State shall recover the same alongwith interest @ 6% simple interest, as from the date due, because, the benefit of deferred payment is being given to the petitioner by this Court. 5. It also goes without saying that if the current licence fee payable is not paid in the garb of this order, then, also the Department shall be at liberty to proceed against the petitioner in accordance with law.” 2. Learned Additional Advocate General has placed on record office instructions dated 24.02.2026 from the office of Commissioner of State Taxes and Excise, Himachal Pradesh, Shimla. 3. The instant application has been moved by the petitioner on 30.01.2026 essentially seeking 20 days’ extension for complying with the judgment dated 23.12.2025. However, the outstanding arrears have still not been deposited by the petitioner. At this stage, learned counsel for the petitioner seeks permission to withdraw the instant application. Accordingly, the same is dismissed as withdrawn. Consequences shall follow in terms of the judgment dated 23.12.2025. Jyotsna Rewal Dua Judge 24th February, 2026 (Rohit)