High CourtsDivision Bench(2022) 05 SHI CK 0061

Sunita Dhatwalia vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 24 May 2022

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.3264 Of 2022

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Judgment

7 paragraphs · 254 words

Tarlok Singh Chauhan, J

1.

Notice confined to respondents No. 1 and 2 at this stage. Mr. Rajat Chauhan, learned Law Officer, appears and waives service of notice on behalf of respondents No. 1 and 2.

2.

The instant petition has been filed for grant of the following substantive relief:-

“That this writ petition may kindly be allowed by issuance of writ of mandamus directing the respondent No.5 to remit the petitioner’s share of amount as mentioned in Annexure P-2 to her bank account.

3.

It would be noticed that the amount falling to the share of the petitioner was infact deposited in Execution Petition No. 113/2019 arising out of CWP No. 2734 of 2018 in case titled ‘Karuna Bedwa vs. State of H.P. & others’. As a different matter, the petitioner could not join the proceedings with the petitioners in the aforesaid case and that is why she has filed the instant petition.

4.

Since, the amount in question in favour of the co-petitioners already stands released by this Court vide order dated 11.11.2021 (Annexure P-1) passed in Execution Petition No. 113 of 2019, therefore, the instant petition is allowed and the amount falling to the share of the petitioner as reflected at Sr. No.7 is directed to be released in her favour along with up-to-date interest by remitting the same to her bank account as given in Annexure P-3 accompanying the petition.

5.

The petition stands disposed of along with pending application(s), if any, leaving the parties to bear their own costs.