State Of Hp, Hppwd vs . Hira Singh on 25 May, 2022

[Cites 17, Cited by 19]

Himachal Pradesh High Court

State Of Hp, Hppwd vs . Hira Singh on 25 May, 2022

RFA No. 47 of 2019 25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the appellant State.

Mr. Tek Chand, Advocate, for the respondent.

CMP No. 6063 of 2022 Heard.

Taking into consideration the peculiar facts and circumstances of the case, the application for early hearing is allowed and disposed of.

RFA No. 47 of 2019 List for final hearing on 9.9.2022 before the appropriate Bench alongwith RFA No. 48 of 2019.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Vikram Singh Vs. HPSSEBL & others CWP No. 3949 of 2019 .

25.5.2022 Present: Mr. R.L. Verma, Advocate vice Mr. P.P. Chauhan, Advocate, for the petitioner.

Mr. Anil Kumar God, Advocate, for the respondents.

An advanced copy of the petition was supplied to the respondents on 21.11.2019. Thereafter, formal notices were ordered to be issued on 27.12.2019.

Thereafter, the matter was listed before this Court on 21.12.2021 when two weeks' time was granted to file reply.

This order appears to have been taken very lightly by the respondents, as is evident from the fact that even on 4.1.2022 when the case was listed before this Court, the respondents failed to file reply. The respondents were even though accommodated by granting eight weeks' further time to file reply, yet no ground is made out for extending the time.

However, in the instant case, subject to costs of Rs. 10,000/ one last and final opportunity is granted to the respondents to file reply, failing which right to file reply shall be deemed to be closed without further reference of the matter to the Court. The amount towards costs shall be initially paid by the respondent Board, however, the same shall be recovered from the ::: Downloaded on - 26/05/2022 20:05:53 :::CIS erring officer/official, for which the inquiry shall be conducted in accordance with law. Report of the .

proceedings be placed on record within six months from today.

Reply be filed on the next date of hearing.

List on 1.7.2022.

CMP No. 6083 of 2022

Since the respondents have failed to file reply, therefore, the instant application for early hearing is misconceived and dismissed as such.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS M/s Maharaja Lakshman Sen Memoria College vs. Presiding Officer, Employees Provident Fund CWP No. 1649 of 2016 .

25.5.2022 Present: Mr. Rakesh Kumar, Advocate, for the petitioner.

Mr. Rahul Mahajan, Advocate, for respondent No. 2.

CMP No. 5782 of 2022

Heard.

r Taking into consideration the peculiar facts and circumstances of the case, the application for early hearing is allowed and disposed of.

CWP No. 1649 of 2016

List for final hearing on 2.9.2022 before the appropriate Bench.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Laxmi Nand Vs. State of HP & others CWP No. 3480 of 2021 25.5.2022 Present: Mr. Neel Kamal Sood, Advocate, for the .

petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents.

The advance copy of this writ petition was supplied to the respondentsState more than a year back in the year 2021. Thereafter, formal notices were ordered to be issued on 24.6.2021, yet respondents did not care to file reply to the petition. Again the case was listed before this Court on 18.5.2022 alongwith CMP No. 5734 of 2022, upon which the notices were again issued to the respondents, but they still did not choose to file reply either to the main petition or to CMP No. 5734 of 2022, which clearly goes to indicate that the respondents, for some strange reasons, are not caring for the orders being passed by this Court.

Let reply be filed by respondentsState, on the next date of hearing, failing which respondent No. 2 shall personally appear before this Court.

List on 27.5.2022.




                                                  (Tarlok Singh Chauhan)
                                                           Judge
            May 25, 2022
             (Kalpana)




                                                  ::: Downloaded on - 26/05/2022 20:05:53 :::CIS
             Kamal Deen              Vs.           State of HP

                                          Cr. Revision No. 140 of 2018

25.5.2022   Present:     Mr. Ashwani Kaundal, Advocate, for the




                                                              .
                         petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

CMP No. 1401 of 2022

r Notice. Mr.Vinod Thakur, learned Additional Advocate General appears and waives service of notice on behalf of respondent/nonapplicant. He prays for and is granted three weeks' time to file reply.

List on 1.7.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Tarsem Lal Vs. Rajender Kumar Cr. Appeal No. 257 of 2015 25.5.2022 Present: Mr. Mohar Singh, Advocate vice Mr. Nimish .

Gupta, Advocate, for the petitioner.

Mr. Umesh Kanwar, Advocate, for the respondent.

Cr. M.P. No. 1337 of 2022

Heard.

Taking into consideration the peculiar facts and circumstances of the case, the instant application is allowed and disposed of.

Cr. Appeal No. 257 of 2015

List for hearing on 17.6.2022.



                                              (Tarlok Singh Chauhan)




                                                       Judge
            May 25, 2022





             (Kalpana)





                                             ::: Downloaded on - 26/05/2022 20:05:53 :::CIS
             Hari Nath                Vs.           State of HP

                                            Cr. Appeal No. 101 of 2022

25.5.2022   Present:    Mr. R.S. Chandel and Ms. Pooja, Advocates,




                                                               .
                        for the petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

Fine of Rs. 35,000/ has been deposited as is evident from the receipt issued by learned Special Judge, Mandi, which is ordered to be made the part of file.

Cr. M.P. No. 1101 of 2022

By medium of this application, the applicant sought suspension of sentence in a case registered against him under N.D.P.S. Act.

As per the prosecution story, the appellant/accused was found to be in possession of 352 grams of charas, which though is not a small quantity, but is intermediate quantity. The commercial quantity is of 1 kg.

Therefore, in the given facts and circumstances of the case, I deem it proper to suspend the sentence imposed upon the applicant/appellant by learned Special Judge, Mandi, District Mandi on 5.4.2022 in N.D.P.S. Trial No. 15 of 2015, titled as "State of H.P. Versus Gaurav & another", subject to his ::: Downloaded on - 26/05/2022 20:05:53 :::CIS furnishing personal bond in the sum of Rs. 50,000/ to the satisfaction of concerned Jail Superintendent, .

clearly undertaking therein that he shall not repeat the offence in future. On furnishing such bond, the applicant be released forthwith, if not wanted in any other case. The Registry is directed to prepare conditional release warrant. The application stands disposed of.

Copy dasti.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS State of H.P. Vs. Yudhbir Singh Rajput Arb. Case No. 40 of 2022 25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional .

Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the petitioner State.

Mr. Arjun Lal and Mr. Vikas Rajput, Advocates, for the respondent.

As prayed for, list on 27.5.2022.



                                               (Tarlok Singh Chauhan)
                     r                                  Judge
            May 25, 2022

            kalpana








                                               ::: Downloaded on - 26/05/2022 20:05:53 :::CIS

M/s Jaiprakash Associates Ltd. Vs. Dharam Pal & others RFA Nos 67 to 76 of 2017 and 120 of 2017 .

25.5.2022 Present: Mr. Romesh Verma, Advocate, for the appellant.

Mr. Virender Thakur, Advocate, for respondent No. 1.

Mr. Rajinder Dogra, Sr. Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr.Rajat Chauhan, Law Officer, for respondentsState.

Mr. Anil Kumar God, Advocate, for respondentUltra Tech Cement.

List alongwith RFAs No. 131 of 2017, 132 of 2017, 133 of 2017, 134 of 2017, 124 of 2018, 125 of 2018, 108 of 2018, 109 of 2018, 103 of 2018, 104 of 2018,105 of 2018, 106 of 2018, 120 of 2018, 121 of 2018, 122 of 2018, 135 of 2017, 136 of 2017, 137 of 2017, 138 of 2017, 97 of 2017, 131 of 2018, 280 of 2017, 52 of 2017, 54 of 2017, 56 of 2017, 113 of 2018, 112 of 2018, 271 of 2017, 218 of 2017, 279 of 2017, 374 of 2016, 375 of 2016, 241 of 2017, 282 of 2017, 281 of 2017, 285 of 2017, 245 of 2018, 284 of 2017, 247 of 2017,242 of 2017, 241 of 2017, 240 of 2017, 243 of 2017,244 of 2017, 246 of 2017, 283 of 2017 and 75 of 2017 on 24.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Smt. Reeta Devi Vs. Balvinder Sharma Ex. Pet. No. 1 of 2022 in FAO No. 525 of 2017 .

25.5.2022 Present: Mr. Bonit Thakur, Advocate, for the petitioner.

Issue notice to the respondent through process serving agency, returnable for 8.7.2022, on steps being taken within two weeks.

May 25, 2022 kalpana to (Tarlok Singh Chauhan) Judge ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Ram Partap Vs. State of HP & others CWP No. 6964 of 2021 25.5.2022 Present: Mr. Vinay Sharma, Advocate, for the .

petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

Learned counsel for the petitioner prays for and is granted four weeks' time to file rejoinder. List on 22.7.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Naveen Kumar & ors Vs. State of HP & others CWP No. 6964 of 2021 25.5.2022 Present: Mr. C.S. Thakur, Advocate, for the .

petitioners.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

Learned counsel for the petitioner prays for and is granted two weeks' time to file file an appropriate application for deletion of name of ______.

List on 17.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Ramesh Chand & anr. Vs. Shiv Chand & others RSA No. 98 of 2021 25.5.2022 Present: Mr. Romesh Verma, Advocate, for the .

appellant.

Ms. Meera Devi, Advocate vice counsel for the respondents/caveators.

In terms of order dated 5.4.2022, certain documents have not been placed on record.

As jointly prayed for, list on 8.7.2022. It is made clear that in case the documents are not filed by the next date of hearing, the right to file the same shall be deemed to be closed.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Oriental Ins. Co. Vs. Kewal Ram Chauhan FAO(MVA) No. 92 of 2021 25.5.2022 Present: Ms. Jyoti Dogra, Advocate vice counsel for .

the appellant.

Mr. Digvijay Singh Thakur, Advocate, for respondent No. 1.

Learned vice counsel appearing for the appellant prays for and is granted four weeks' time to take steps for the service of respondent No. 4. In the event of steps being taken, list the matter before concerned Registrar for completion of service.

the appellant.

Mr. Digvijay Singh Thakur, Advocate, for respondent No. 1.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Sarita Kumar Vs. State of HP & others Ex. Pet. No. 2 of 2021 25.5.2022 Present: Mr. Sahil Malhotra, Advocate, for the .

petitioner.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

As prayed for, list on 17.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS State of H.P. Vs. Satish Kumar Cr. Appeal No. 157 of 2010 25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional .

Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the appellant State.

Mr. O.C. Sharma, Advocate, for respondents No. 1 and 2.

List on 24.6.2022 before appropriate Bench.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Rashmi Gupta Vs. Navneet Gupta FAO No. 436 of 2009 .

25.5.2022 Present: Mr. Nimish Gupta, Advocate, for the appellant.

Mr. Vinod Gupta, Advocate vice counsel for the respondent.

CMP No. 2916 of 2022

Learned vice counsel for the respondent states that reply has been sent for signatures of the respondent, who is suffering from Cancer and the same would, in all eventualities, be filed on the next date of hearing. List on 3.6.2022.

FAO No. 436 of 2009

In the meanwhile, typed copy of Annexure P 1 and P2 be filed by learned counsel for the appellant.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Krishan Kumar & ors Vs. Med Ram & ors RSA No. 607 of 2008 .

25.5.2022 Present: Mr. K.R. Kashyap, Advocate, for the appellant.

Mr. Surender Verma, Advocate, for respondents No. 1 to 3.

It appears that records have not been requisitioned. The same be now requisitioned so as to reach this Court well before the next date of hearing.

List on 1.7.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Mukesh Sharma Vs. Hindustan Petroleum Corp CWP No. 8954 of 2012 .

25.5.2022 Present: Mr. Ajay Kumar Sharma, Advocate, for the petitioner.

Mr. B.C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate, for the respondents.

Records not produced. The same be positively produced on the next date of hearing. List on 24.6.2022.

r to (Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Ajay Raj Pathania Vs. State of HP CWPOA No. 7204 of 2019 .

25.5.2022 Present: None for the petitioner.

Mr. Rajinder Dogra, Sr. Add. A.G. with Mr. Vinod Thakur, Addl.A.G. and Mr. Rajat Chauhan, Law Officer for the respondents State.

List on 17.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS National Ins. Co. Vs. Om Parkash & anr a/w connected matters.

FAO Nos 546 of 2009 and .

439 of 2012 25.5.2022 Present: Mr. Suneet Goel, Advocate, for the appellant(s).

Mr. Bimal Gupta, Senior Advocate with Mr. Satish Sharma, Advocate for respondent No. 2 in FAO No. 546 of 2009 and respondent No. 3 in FAO No. 439 of 2012.

Mr. Y. Paul, Advocate, for respondent No. 1

r and 2 in FAO No. 439 of 2012.

Learned counsel for the appellants prays for an adjournment. Prayer allowed as not opposed. List on 17.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS H.P. Non-Gazetted Judicial Employees Vs. Maneesh Garg COPC No. 566 of 2014 .

25.5.2022 Present: Mr. Ajay Sharma, Senior Advocate with Mr.Atharv Sharma, Advocate, for the petitioner.

Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Addl. A.G. and Mr. Rajat Chauhan, Law Officer, for the respondents.

Learned Senior Additional Advocate General prays for two weeks' time to obtain instructions.

Granted. List on 17.6.2022.



                                           (Tarlok Singh Chauhan)
                                                    Judge
            May 25, 2022
            kalpana








                                           ::: Downloaded on - 26/05/2022 20:05:53 :::CIS
             Kamla Devi                 Vs.          P.N.B

                                             Cr. M.P. (M) No. 901 of 2022




                                                                .
25.5.2022   Present:     Mr. D.N.       Sharma,       Advocate,           for     the





                         petitioner.

                         Mr. Rajiv Chauhan,             Advocate,         for     the
                         respondent.

Against the compensation amount of Rs.

3,00,000/, the petitioner is stated to have deposited Rs.

90,000/ before learned trial Court and brother of the petitioner is stated to have deposited Rs. 50,000/ today with the respondentBank.

Learned counsel for the petitioner undertakes to deposit remaining amount with the respondent Bank on or before 26.7.2022. His statement is taken on record.

It is made clear that in case of non adherence to the undertaking given in the open Court, apart from any other action which may be taken against the petitioner in the peculiar facts and circumstances of the case, he shall also be prosecuted and punished under the Contempt of Courts Act.

Cr. MP (ST) No. 6320 of 2019

Since the substantial amount has been deposited, therefore, I deem it proper to suspend the sentence as imposed upon the petitioner by learned Additional CJM, Rampur Bushehar, vide judgment ::: Downloaded on - 26/05/2022 20:05:53 :::CIS dated 9.12.2015/18.12.2015 passed in Case No. .

138/NIA/0000114/2014 which was upheld by learned Additional Sessions Judge, Kinnaur at Rampur Bushehar in Cr. Appeal No. 3R/10 of 2016.

However, at this stage it is submitted by learned counsel for the petitioner that the petitioner is in custody. If that be so, she be released forthwith, if not wanted in any other case, subject to furnishing bail bonds to the tune of Rs. 50,000/ to the satisfaction of Jail Superintendent, Kanda. The release warrant be prepared accordingly. The application stands disposed of.

Cr. MP(M) No. 901 of 2022

List on 29.7.2022.

Copy dasti.

(Tarlok Singh Chauhan) Judge May 25, 2022 kalpana ::: Downloaded on - 26/05/2022 20:05:53 :::CIS NTPC Ltd. Vs. Chunka Ram & others RFA No. 396 of 2014 25.5.2022 Present: Mr. Ajeet Jaswal, Advocate vice counsel for .

the appellant.

Mr. Anirudh Sharma, Advocate, for respondents No. 2, 3 and 5.

Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondent State.

CMP No. 6210 of 2022

Heard. Allowed.

The certified copy of the shares as calculated by the Collector, Land Acquisition Koldam, Bilaspur (HP) is ordered to be taken on record. The application stands disposed of.

CMP No. 5496 of 2022

By medium of this application, respondents/applicants No. 2, 3 and 5 have sought release of their shares of the award amount, as calculated by the Collector, Land Acquisition, Koldam, Bilaspur, copy whereof has been annexed as Annexure A1 with CMP No. 6210 of 2022.

Since the appeal has been finally decided by this Court vide judgment dated 6.4.2018, there is nothing on record to indicate that the aforesaid judgment is assailed by the aggrieved party(s) before ::: Downloaded on - 26/05/2022 20:05:53 :::CIS .

Hon'ble Supreme Court. Consequently, the instant application is allowed and the amount falling to the shares of the applicants/respondents No. 2, 3 and 5 be released in their favour alongwith upto date interest by remitting the same to their respective saving bank accounts, as mentioned in para2 of the application.

The application stands disposed of.

CMP No. 6212 of 2022

The application is allowed and the applicant is exempted from filing English translation of Annexure A1.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Pawan Kumar alias Bittu (deceased) Vs. Khem Raj & ors RSA No. 33 of 2016 25.5.2022 Present: Mr. Inder Sharma, Advocate, for the .

applicants/appellants.

Mr. Jai Dev Thakur, Advocate vice Mr. H.S. Rangra, Advocate, for respondent No.1.

CMP No. 3287 of 2022 & CMP(M) 341 of 2022 Reply stands filed. Learned counsel for the applicants/appellants prays for and is granted three weeks/ time to file rejoinder. List on 24.6.2022.

(Tarlok Singh Chauhan) Judge May 25, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Ram Kishan Vs. Land Acquisition Collector & anr RSA No. 468 of 2018 20.5.2022 Present: Mr. Atharv Sharma, Advocate, vice counsel .

for the appellant.

Mr. Rajinder Dogra, Senior Additional A.G. with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for respondent No. 1.

Mr. Rahul Mahajan, Advocate, for respondent No. 2.

Learned counsel for respondent No. 2 prays for and is granted four weeks' time to comply with order dated 1.4.2022. However, it is made clear that no more opportunity shall be given for the aforesaid purpose.

List on 24.6.2022.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Ankur Chadha Vs. Himachal Gramin Bank Cr. Revision No. 253 of 2022 20.5.2022 Present: Mr. Rajesh Kashyap, Advocate, for the .

petitioner.

Ms. Devyani Sharma, Advocate, for the respondent.

Learned counsel for the petitioner undertakes to deposit the substantial amount on the next date of hearing. List on 24.6.2022.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Kuldeep Prakash Sharma Vs. Kashmir Singh CMPMO No. 164 of 2022 20.5.2022 Present: Mr. Pawan K. Sharma, Advocate, vice .

counsel, for the petitioner.

As prayed for, list on 25.5.2022.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Hari Dutt & others Vs. Mandir Kalisthan, Nahan RSA No. 110 of 2022 20.5.2022 Present: Mr. Karan Singh Kanwar, Advocate, for the .

appellants.

Call for the records. List on 3.6.2022.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Manohar Lal Vs. Madan Mohan & ors FAO(MVA) No. 81 of 2022 20.5.2022 Present: Mr. Vivek Singh Attri and Mr. Abhinav .

Purohit, Advocates, for the appellant.

CMP(M) No. 596 of 2022

Since the instant appeal is within prescribed period of limitation in terms of orders passed by Hon'ble Supreme Court on 10.1.2022, therefore this application seeking condonation of delay is misconceived and dismissed accordingly.

CMP No. 5596 of 2022

For the reasons stated in the application, delay in refiling the appeal is condoned. The application stands disposed of.

FAO(MVA) No. 81 of 2022

Admit.

Tag alongwith FAO No. 114 of 2021.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS New India Ass. Co. Ltd Vs. Punam Panta & others FAO(ECA) No. 80 of 2022 20.5.2022 Present: Mr. Raman Sethi, Advocate, for the .

appellant.

Issue notice to the respondents, returnable for 8.7.2022. Steps be taken within two weeks.

CMP No. 5593 of 2022

Notice in the aforesaid terms. Since entire amount of compensation amount stands deposited before the Court of learned Commissioner below, therefore operation and execution of the impugned award dated 29.12.2021 passed by it in case No. 32 of 17/15 is ordered to be stayed during pendency of the appeal. The application stands disposed of with liberty to the claimants to file application for release of amount, which application needless to say, as and when filed, shall be decided on its own merits.

Let the amount deposited before learned Commissioner (Employee's Compensation), Court No. 1, Shimla be called by the Registry and invested as per procedure.

Copy dasti.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Renukaji Dam Project & ors Vs. Sohan Singh & ors CMP No. 5955 of 2022 in RFA No. 321 of 2018 .

20.5.2022 Present: Mr. Shashi Shirshoo, Advocate, for the appellants.

Mr. M.P. Kanwar and Mr.Pawan K.Sharma, Advocates, for applicants/claimants No. 1, 2(i) to 2(v).

Heard.

The instant application has been filed for release of the remaining award amount in favour of claimants. 50% of the amount has already been released in their favour vide order dated 18.4.2019 No ground for release of amount is made out at this stage as even remaining amount invested by the Registry of this Court is about one crore. The Court, in such circumstances, cannot be mute spectator as it is the responsibility of the Court to ensure that amount as ordered to be released in favour of the claimants has not only been received but is invested by them prudently in some secure deposit or in some properties, moveable or immoveable etc. etc. The acquired land falls within one of the most backward areas of the state, wherein majority of the claimants are rural rustic villagers, incapable of handling such huge amount(s) of money.

::: Downloaded on - 26/05/2022 20:05:53 :::CIS

As observed above, claimants have already been released 50% of the award amount and in the application they or anyone of them have not stated as to .

what they did with that amount.

No doubt, the case is decided, but nonetheless it is the duty of the Court to try and ensure that the amount released in favour of the claimant is well spent. Even otherwise, I see no reason why the claimants should not disclose to the Court where the amount earlier released has been invested, if at all invested.

Therefore, in such circumstances, in case the applicants or anyone of them still desire the release of the amount or part thereof in their favour, they have to support the application with some contemporaneous record to show how they have utilized the amount, which has earlier been released in their favour and also try and justify the requirement of the amount sought to be released. Accordingly, the application is dismissed.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS LAC, HPSEB & anr Vs. Vijay Pal & anr CMP No. 5948 of 2022 in RFA No. 258 of 2017 .

20.5.2022 Present: Mr. Vivek Negi, Advocate, for the appellants/nonapplicants.

Mr. Ranvir Chauhan, Advocate, for respondent/applicant No. 1.

Since the judgment passed by this Court has attained finality and moreover, the excess amount has already been released in favour of appellants/non applicants, therefore let amount lying deposited in the Registry of this Court be released in favour of the claimant/applicant Vijay Pal alongwith upto date interest and the same be remitted to his saving bank account, as per details given in para1 of the application. The application stands disposed of.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS State of H.P. &another Vs. Nand Lal CMP No. 4972 of 2022 in RFA No. 361 of 2011 .

20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the appellants/nonapplicantsState.

Mr. Rajesh Kumar, Advocate vice counsel for the respondent/applicant.

order:

r to On 6.5.2022, this Court passed the following "Even though the claimant has moved this application for release of amount, however, learned Additional Advocate General prays for time to ascertain whether the judgment passed by this Court on 21.12.2019 has attained finality."

2. Today, learned Senior Additional Advocate General, on instructions, states that the appellants do not intend to assail the judgment passed by this Court on 21.12.2019. His statement is taken on record.

3. Now that the judgment passed by this Court has attained finality, therefore, let the entire awarded amount alongwith upto date interest be released in favour of sole claimant by remitting the same to his saving bank account as per details given in para6 of the application. The application stands disposed of.

(Tarlok Singh Chauhan) Judge ::: Downloaded on - 26/05/2022 20:05:53 :::CIS May 20, 2022 (Kalpana) .

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             Kuldeep Prakash Sharma        Vs.    Kashmir Singh

                                          CMPMO No. 164 of 2022

20.5.2022   Present:     Mr. Pawan K. Sharma,              Advocate,          vice




                                                             .

counsel for the petitioner.

As prayed for, list on 25.5.2022.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS Brij Mohan Vs. Upendra Prasad Singhy & ors COPC No. 232 of 2019 with COPC Nos72, 73,117,118 of 2016, 214,320 of 2017, 97, 267 of 2019,19, 20, .

26, 28, 29, 30, 33, 34, 35, 36, 37, 38, 157 of 2020 and COPC Nos 100 of 2021, 125, 126, 127 and 128 of 2022 20.5.2022 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, Mr. Mukul Sood, Mr. S.D. Vasudeva, Advocate, for the respective petitioner(s).

Mr. Rajinder Dogra, Senior Additional Advocate General, Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.

Mr. Balram Sharma, ASGI, for respondent No. 1UOI in COPC Nos 232/2019, 72/2016, 73/2016, 214/2017, 97/2019,320/2017, 117/2016 and 118/2016.

Mr. Yashwardhan Chauhan, Advocate, for respondentGovernment of Rajasthan.

COPC Nos 125/2022, 126/2022, 127/2022 and 128/2022.

Issue notice to the respondents, returnable for 24.6.2022, subject to steps being taken within a week.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS State of H.P. Vs. Baryam Singh Cr. MP(M) No. 989 of 2022 20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional .

Advocate General, Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the applicant/appellant.

Cr.MP(M) No. 2223 of 2021

Heard. Leave to appeal granted. The application stands disposed of.

Cr. Appeal No. __________of 2022 Be registered.

Admit.

Call for the records.

Bailable warrants in the sum of Rs.

25,000/ with one surety of the like amount to the satisfaction of the arresting Police Officer be issued against the respondent returnable within six weeks undertaking therein to appear in this Court as and when directed and to receive the sentence which may be imposed on the conclusion of the appeal.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS State of H.P. Vs. Vishal Thakur Cr. MP(M) No. 979 of 2022 20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional .

Advocate General, Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the applicant/appellant.

Cr.MP(M) No. 979 of 2022

Heard. Leave to appeal granted. The application stands disposed of.

Cr. Appeal No. __________of 2022 Be registered.

Admit.

Call for the records.

Bailable warrants in the sum of Rs.

10,000/ with one surety of the like amount to the satisfaction of the arresting Police Officer be issued against the respondent returnable within six weeks undertaking therein to appear in this Court as and when directed and to receive the sentence which may be imposed on the conclusion of the appeal.

Advocate General, Mr. Vinod Thakur, Additional Advocate General and Mr. Rajat Chauhan, Law Officer, for the applicant/appellant.

Cr.MP(M) No. 979 of 2022

Heard. Leave to appeal granted. The application stands disposed of.

Cr. Appeal No. __________of 2022 Be registered.

Admit.

Call for the records.

Bailable warrants in the sum of Rs.

(Tarlok Singh Chauhan) Judge May 20, 2022 (Kalpana) ::: Downloaded on - 26/05/2022 20:05:53 :::CIS .

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