Himachal Pradesh High Court
Hem Raj And Others vs State Of H.P. And Others on 28 December, 2016
Bench: Mansoor Ahmad Mir, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.3254 of 2016
Decided on: December 28, 2016.
.
Hem Raj and others ..........Petitioners.
Versus
State of H.P. and others .......Respondents.
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Sandeep Sharma, Judge.
Whether approved for reporting?
of
For the Petitioners: Mr.Hoshiar Kaushal, Advocate.
For the Respondents: Mr.Shrawan Dogra, Advocate General, with
Mr.Romesh Verma and Mr.Anup Rattan,
rt Addl.A.Gs., and Mr.J.K. Verma, Dy.A.G.
Mansoor Ahmad Mir, C.J. (Oral)
It is contended by the learned counsel for the petitioners that respondent No.2 i.e. Divisional Commissioner has passed the order, dated 31st March, 2016, against Keshav Ram, who had expired on 7th September, 2014, as is evident from Annexure P-5 Death Certificate. The legal representatives of said Keshav Ram has filed the instant petition mainly on the ground that the order passed by the Divisional Commissioner is not sustainable in the eyes of law as the same has been passed against a dead person.
2. The argument of the learned counsel for the petitioner is misconceived for the reason that Keshav Ram was appellant before the Divisional Commissioner and after his death, the legal representatives of said Keshav Ram have stepped into his shoes. Therefore, it was the duty of the legal representatives of deceased Keshav Ram to approach the court concerned for bringing them on record as legal representatives. It was also the duty of the counsel representing ::: Downloaded on - 15/04/2017 21:49:53 :::HCHP ...2...
the deceased Keshav Ram to bring the factum of death into the notice of the Court .
concerned.
3. Notwithstanding above, the fact remains that the impugned order is against a dead person. Thus, we deem it proper to set aside the impugned order, dated 31st March, 2016, passed by the Divisional Commissioner, so far as it of pertains to case bearing No.51 of 2014, titled Keshav Ram vs. State of H.P. It is made clear that the question whether the appeal has abated or the legal representatives are to be brought on record, is left open to be decided by the said rt Authority. Parties through their counsel are directed to appear before the Divisional Commissioner, Mandi on 4th January, 2017.
4. The writ petition is disposed of accordingly, alongwith pending CMPs, if any.
Copy dasti.
(Mansoor Ahmad Mir) Chief Justice.
28th December, 2016. (Sandeep Sharma)
(Tilak) Judge
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