Himachal Pradesh High Court
Shri Liaq Ram & Others vs State Of H.P. & Others on 12 May, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 182 of 2017 Date of Decision: 12.05.2017.
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Shri Liaq Ram & others ..Petitioners.
Versus State of H.P. & others ..Respondents. Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
Whether approved for reporting?1No.
For the Petitioners:
r to Mr. Neeraj Gupta, Advocate, for the petitioners.
For the respondents:- M/s R.S. Verma and R.M. Bisht, Additional Advocate Generals, for the respondents-State.
Sanjay Karol, Acting Chief Justice (Oral) Mr. Neeraj Gupta, learned counsel, states that with respect to similarly situated petitioners, under identical circumstances, this Court has already dealt with the issue and passed the following order in CMPMO No. 495 of 2016, titled as Pania Ram Versus State of H.P. & others, decided on 29.04.2017:-
"This petition has been filed praying for the following relief:-
"The petition may be allowed and the petition bearing RBT No. 15-S/4 of 2016/12, titled as Pania 1 Whether reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 15/05/2017 23:56:51 :::HCHP 2
Ram and others Vs. State of H.P. and others, under Section 18 of the Land Acquisition Act, pending before the learned District & Sessions Judge (Forests), Shimla, H.P. may be ordered to be transferred to the Court of Additional District Judge .
(Special Judge CBI), Shimla, H.P. for its trial and adjudication in accordance with law."
2. Learned Additional Advocate General submits that State has no objection in case the petition is allowed as it will be in the interest of justice that the case is transferred to the Court of learned Additional District Judge (Special Judge CBI), Shimla for its trial in accordance with law wherein similar cases are pending.
3. Accordingly, this petition is allowed and disposed of with a direction that petition bearing RBT No.15-S/4 of 2016/12, titled as Pania Ram and others Vs. State of H.P. and others, under Section 18 of the Land Acquisition Act, pending before the learned District Judge (Forests), Shimla is ordered to be transferred to the Court of learned Additional District Judge (Special Judge CBI), Shimla for trial and adjudication in accordance with law.
4. Parties, through their learned counsel, are directed to appear before the Court of learned Additional District Judge (Special Judge CBI), Shimla on 22nd May, 2017.
5. The petition is disposed of, so also pending applications, if any.""
2. Learned counsel for the parties are in agreement that the present petition can be disposed of, in terms thereof.::: Downloaded on - 15/05/2017 23:56:51 :::HCHP 3
3. As such, present petition stands disposed of, making the directions rendered in Pania Ram (supra) applicable mutatis mutandis to the instant case.
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Pending application(s), if any, also stand disposed of.
Copy dasti.
(Sanjay Karol), May 12, 2017 Acting Chief Justice (Purohit) ::: Downloaded on - 15/05/2017 23:56:51 :::HCHP