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High Court of Himachal Pradesh · body

2025 DAILYLAW 36738 (HP)

SHAM KUMAR v. STATE OF HP AND ORS

CMP-T/610/2025 · 2025-12-10

Satyen Vaidya

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Vipin Kumar & another vs. State of H.P. & others Ext. Pet. No.173 of 2025 a/w Ext. Pet. No.174, 167 & 168 of 2025 10.12.2025 Present: Mr. Shekhar Badola, Advocate, Proxy Counsel, for the petitioner(s). Ms. Seema Sharma, Dy. A.G., for the respondents- State. CMP-T No.609 of 2025 in Ext. Pet. No.173 of 2025 CMP-T No.608 of 2025 in Ext. Pet. No.174 of 2025 CMP-T No.611 of 2025 in Ext. Pet. No.167 of 2025 CMP-T No.610 of 2025 in Ext. Pet. No.168 of 2025 In terms of order dated 21.11.2025, learned Deputy Advocate General has placed on record copy of instructions dated 09.12.2025. The relevant extract of the same reads as under: “It is further submitted that in the meanwhile the present petitioners had preferred the abovementioned Executions Petitions before this Hon'ble Court, which were listed on 23-09-2025 when the Ld. Additional Advocate General has inadvertently placed on record a copy of order dated 2.9.2025, passed by the Hon'ble Supreme Court in SLP (C) Nos. 27726-27729 of 2024, titled as, State of H.P. & others vs. Sanjay Kumar, wherein by way of interim arrangement, a direction has been issued that contempt proceedings passed on the order impugned shall not be proceeded further, on the basis of which the Counsel for the petitioners sought permission to withdraw the present Execution petitions, which SLP otherwise related to a different matter.” By way of these applications, prayer has been made to restore the proceedings of instant execution petitions by recalling order dated 23.09.2025, on the ground that the said order had been passed on the basis of information supplied by the office of learned Advocate General, according to which, Hon’ble Supreme Court vide order dated 02.09.2025, passed in SLP(C) Nos.27726-27729 of 2024, titled as State of H.P. & others vs. Sanjay Kumar had issued directions not to proceed with the contempt proceedings filed on the basis of order impugned before Hon’ble Supreme Court, however, the subject matter in SLP(C) Nos.27726-27729 of 2024 was entirely different having no bearing on the instant execution petitions. As noticed above, the factual aspect has not been denied by the respondents. Thus, the applications are allowed. Orders dated 23.09.2025, passed in instant execution petitions is recalled and the said execution petitions are ordered to be restored to its original number for further adjudication on merits. List on 2nd January 2026. Compliance affidavit be filed on or before the next date. ( Satyen Vaidya ) Judge December 10, 2025 (vt)