Himachal Pradesh High Court
Luxmi Kant & Others vs State Of Himachal Pradesh & on 29 November, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
RFA No.392 of 2018 .
29.11.2018 Present: Mr.Shashi Shirshoo, Advocate, for the appellants.
Mr.Shiv Pal Manhans, Additional Advocate General with M/s R.P. Singh & Raju Ram Rahi, Deputy Advocate Generals, for proforma respondents No.18 and 19.
Learned counsel for the appellants, submits that the present appeal has been preferred by the Himachal Pradesh Power Corporation Limited (in short HPPCL) and the Land Acquisition Collector, HPPCL. However, inadvertently the appeal has been filed mentioning the State of Himachal Pradesh and the Collector, District Sirmour, as appellants wrongly and due to oversight this mistake could not be rectified at the time of filing of the appeal and thus he has prayed to consider this appeal as filed only on behalf of HPPCL and Land Acquisition Collector (HPPCL) and to transpose State of H.P. and Collector, District Sirmour as proforma respondents.
In view of the submissions made by the learned counsel for the appellants, State of Himachal Pradesh as well as Collector, District Sirmour, who have been shown as appellants No.1 and 2 are ordered to be transposed as proforma respondents No.18 and 19, appellant No.4 HPPCL as appellant No.1 and appellant No.3 Land Acquisition Collector, HPPCL as appellant No.2.
Amended memo be filed within a week.
Heard.
Admit.
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learned Deputy Advocate General, appears and waives service of post admission notice on behalf of proforma respondents No.18 and 19. Separate notice to respondent No.1 to 17 be issued, returnable on 12.03.2019, on taking steps within a week.
After completion list alongwith RFA No.383 of 2018.
CMP No.11115 of 2018Heard.
Subject to deposit of the entire awarded amount alongwith up to date interest in the Registry of this Court within six weeks from today, award dated 05.09.2018, passed by learned District Judge, Sirmaur, District at Nahan, H.P., in LAC Petition No.40-LAC/4 of 2015, titled as Shri Luxmi Kant & others vs. State of Himachal Pradesh & others, is stayed till further orders. Alteration/ modification/vacation on motion.
The application stands disposed of.
Copy dasti.
(Vivek Singh Thakur),
November 29, 2018 Judge
(Purohit)
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