Rajneesh Paul vs State Of H.P. And Another

Sureshwar Thakur, J

The learned Addl. A.G. appears and waives service of notice on behalf of the respondent-State. Through, a verdict made upon CWP No. 8286 of

2010, titled as, “Rajneesh Paul versus State of H.P. and othersâ€, this Court made a direction upon the respondents, to consider, the claim, reared

by the petitioner herein, in the light of a judgment made by this Court in CWP(T) No. 5228 of 2008, titled as, “Prem Lal Sharma versus State of

H.P. and othersâ€. However, the judgment made by this Court, upon, CWP(T) No. 5228 of 2008, stood challenged, by the state of H.P., through it

rearing an LPA, before the Division Bench of this Court. Upon LPA No. 146 of 2010, alongwith connected therewith matters, the LPA Bench made

a decision, where through the challenge reared by the State of H.P., vis-Ã -vis, the verdict made by this Court, upon CWP(T) No. 5228 of 2008,

became dismissed, thereupon the verdict made by this Court in Prem Lal Sharma’s case has acquired finality.

Be that as it may, even if the pendency of the afore LPA, may have acted as a constraint, upon the respondents, to consider the writ claim of the

petitioner herein, claim whereof was to be decided in the light of the verdict, made by this Court, in Prem Lal Sharma’s case. However, when the

afore verdict acquired conclusivity and finality, rather in the year 2015, thereupon, any uncalled for inordinate procrastination , on the part of the

respondents, to decide the writ claim, in consonance with the verdict, pronounced in Prem Lal Sharma’s case is deprecated, and, the respondents

are directed to ensure that within two weeks, the writ claim, is meted a decision, in the light of the verdict, pronounced by this Court, in Prem Lal

Sharma’s case. In case, the writ claim is not decided, within two weeks, thereupon, it shall be open for this Court, to, upon an appropriate motion

being made before it, proceed to issue notice of contempt, against the errant officers/officials concerned.

In view of this, the instant execution petition is disposed of. Also, the pending application(s), are disposed of. No costs.