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2025 DAILYLAW 2915 (HP)

ASHWANI KUMAR v. THE STATE OF HP AND OTHERS

EX.P./838/2025 · 2026-05-13

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Ex. Pet. No.838 of 2025 Decided on: 13th May, 2026 ------------------------------------------------------------------------------------- Ashwani Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Goldy Kumar, Advocate vice Mr. Sat Prakash, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The respondents have statedly filed compliance affidavit. A copy thereof was made available for perusal. 2. In terms of the compliance affidavit, the case of the petitioner had been considered under office order dated 05.01.2026 by the respondents. 3. Though in terms of the compliance affidavit, petitioner’s case had been considered under an office order on 05.01.2026, however, this fact was not brought to the notice of the Court during hearings of the case conducted 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 on 08.04.2026, 30.04.2026 and 06.05.2026, wherein noticing that despite grant of final opportunity to the respondents under order dated 03.12.2025, reply/ compliance affidavit was not filed, costs had been imposed. Had the respondents placed on record consideration order at an appropriate stage during hearing of this execution petition, the time spent in subsequent hearings held after the issuance of office order dated 05.01.2026 could have been saved. The respondents are directed to be careful in future and to impart timely instructions to the office of learned Advocate General about implementation of the judgments in question. Taking note of the consideration order dated 05.01.2026, the present execution petition to stand disposed of. Costs imposed in orders dated 08.04.2026 and 06.05.2026 shall stand waived. The petitioner shall, however, be at liberty to seek appropriate remedy in accordance with law for the redressal of his surviving grievances including against the consideration order. Jyotsna Rewal Dua May 13, 2026 Judge Mukesh