Himachal Pradesh High Court
Uoi vs . Belu Ram & Anr. on 19 May, 2022
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
CMP.M No. 419 of 2022 .
19.05.2022 Present: Mr. Balram Sharma, ASGI, for the applicant.
Mr. Maan Singh, Advocate, for respondents No. 1 & 2.
Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Bhupender Thakur and Mr. Yudhvir Singh Thakur, Deputy Advocates General for respondent No.3.
r CMP(M) No. 419 of 2022 The present application under Section 5 of the Limitation Act has been maintained by the applicant for condoning the delay in filing the revision petition. As per the applicant, he has filed similar petition on similar cause of action before this Hon'ble Court and the Hon'ble Court has passed ad interim orders and stayed the proceeding of the executing court, subject to depositing the entire amount. It has further been submitted that the applicant has maintained revision before different authorities and thereafter opinion for filing the present petition has been sought from the competent authority and the same was sent to the office of Assistant Solicitor General on 13.1.2022. The application is duly supported with an affidavit.
No reply to the application has been filed.
Learned counsel representing the non-
applicant/respondents fairly states that he does not intend ::: Downloaded on - 19/05/2022 20:09:11 :::CIS to file any reply to the application and has no objection, in .
case prayer made in the application is allowed.
Having heard learned counsel representing the parties and perused the material available on record, this Court is convinced and satisfied that the delay in maintaining the petition is neither intentional nor willful, but was beyond the control of the applicant and as such, the same deserves to be condoned.
Heard. Taking into consideration the fact that the delay, as occurred, has been sufficiently explained in the application and it was beyond the control of the applicant.
Accordingly, the instant application is allowed and delay, as occurred in filing the petition is condoned. The application stands disposed of.
CR No._______/2022 Admit.
Notice. Mr. Maan Singh, Advocate and Mr. Yudhbir Singh Thakur, learned Deputy Advocate General, waive service of notice on behalf of respondents No. 1 ,2 and 3, respectively.
In the meanwhile, record of learned court below be called for.
CMPST No. 6454 of 2022Subject to the applicant/petitioner depositing the amount of compensation within a period of eight weeks from today, operation and implementation of impugned ::: Downloaded on - 19/05/2022 20:09:11 :::CIS order dated 12.03.2018 & 13.06.2018 passed by learned .
Additional District Judge Kullu, District Kullu, H.P. in Execution Petition No. 61 of 2016 in case titled as Belu Ram & Ors. vs. Collector Land Acquisition and another shall remain stayed. Application stands disposed of.
Copy dasti.
19th May, 2022
r to
(Chander Bhusan Barowalia)
Judge
(himani)
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