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2025 DAILYLAW 7431 (HP)

BANTI DEVI v. STATE OF HP AND OTHERS

EX.PT/24/2023 · 2025-05-19

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:14482 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Exe. Pt. No. 24 of 2023 Decided on : 19.05.2025 Banti Devi. …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Rajender Sharma, Advocate. For the respondents : Mr. Rajpal Thakur and Mr. Pushpinder Jaswal, Additional Advocates General. Ajay Mohan Goel, Judge (Oral) By way of this execution petition, the petitioner is seeking the execution of order dated 30.08.2018, passed by learned Erstwhile Tribunal in OA No. 5131 of 2018, titled Amar Dutt Vs. State of Himachal Pradesh and others, which reads as under:- “In view of the above, the original application is disposed of in terms of the aforementioned judgements with a direction to the respondents/competent authority that subject to the above verification and on finding the 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:14482 applicant to be similarly situate as bove, benefit of the said judgments, if the same have attained finality/implemented, shall also be extended to him alongwith consequential benefits, if any, as per law, within three months from the date of production of certified copy of this order before the said authority by the applicant.” 2. Learned counsel for the petitioner submits that though the grievance of the petitioner stands redressed by the respondents to a large extent but still certain consequential benefits, to which he is entitled to, have not been made good to the petitioner. 3. On the other hand, the stands of the State is that the order passed by the Tribunal stands complied with in letter and spirit and whatever the petitioner was entitled to, has been granted to the petitioner. 4. This Court is of the considered view that in the light of the order that was passed by the Tribunal, as the petitioner is making a grievance that all to which the deceased husband of the petitioner was entitled to, has not been released in her favour, it would be in the interest of justice, in case, the 3 2025:HHC:14482 petitioner may file a fresh petition, highlighting those aspects of the matter, so that the same could be specifically taken to their logical conclusion by the Court. 5. Accordingly, these proceedings are closed, but with liberty to the petitioner that if there is still some subsisting grievance, the petition may approach the Court afresh by way of a writ petition. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 19, 2025 (Shivank Thakur)