IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 122 of 2007 Date of decision: 15.6.2010 H.P.State Forest Corporation ….. Appellant. Vs. Smt. Parkash Devi and others. ..Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Appellant : Mr. B.M.Chauhan, Advocate. For the Respondents : Mr. Sanjay Jaswal, Advocate for respondents no. 8 & 9. Mr. R.K.Bawa, Advocate General with Mr. J.K.Verma, Dy. A.G. for respondent No.11. Justice Kurian Joseph, C.J. (Oral) This appeal has been filed at the instance of the Corporation, who is aggrieved by the decision dated 12.6.2007 of Hon’ble Single Judge, who has directed the appellant to work out the modality for the payment to be made to the petitioner on the basis of the decision taken by the Government on 24.3.1998 in the matter of fixing of rate. But the fact remains, that writ petitioners had already approached this Court by filing CWP No. 654 of 1996, which was dismissed by this Court vide judgment dated 31.12.1996. However the petitioners were given liberty to approach the appropriate forum. 2. The contention of the writ petitioners is that thereafter, the Government had taken a decision in the case of individual persons and since they are similarly situated they should also be granted the same 2 benefit. We are afraid that this contention cannot be accepted. Once this court has relegated the petitioners to pursue the remedy before the appropriate forum, the present writ cannot be proper remedy for enforcing the decision taken in case of another individual. It is now well settled law that executive order cannot be a precedent. The facts are to be analysed and that is why this court has already relegated the petitioners to pursue the remedy before the appropriate Court. Therefore, the appeal is allowed and impugned order is set-aside. However, we make it clear that in case the petitioners intend to pursue the remedy before the appropriate forum, the time taken by them for pursuing the writ petition and defending the appeal shall be excluded to that extent. (Kurian Joseph), Chief Justice. June 15, 2010 (Kuldip Singh), (sks/grs) Judge.