Himachal Pradesh High Court
Land Acquisition Collector, Hppwd And ... vs . Sh. Kalyan on 28 April, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Land Acquisition Collector, HPPWD and another Vs. Sh. Kalyan Singh and others CMP(M) No. 477 of 2007 in RFA No. 178 of 2007 .
28.04.2022 Present: Mr. Arvind Sharma, Additional Advocate General, with Mr. Sunny Dhatwalia, Assistant Advocate General, for the applicants/appellants.
Mr. Pardeep Kumar, Advocate, vice Mr. Vishal Bindra, Advocate, for nonapplicant/respondent No. 1.
Nonapplicants No. 3(a) to 3(d), 3(f) and 4(a) are ex parte.
Proposed legal representatives No. 5(a), 5(d) and 5(f) are stated to have died (legal representatives of deceased proposed legal representatives No. 5(d) and 5(f) are already on record).
Nonapplicants/respondents No. 2, 5(d)(i) to 5(d)
(viii), 5(f)(i) to 5(f)(v) & proposed legal representatives No. 5(b), 5(c), 5(e) and 5(g) are ex parte.
None for proposed legal representative No. 5(a)(ii) of proposed legal representative No. 5(a) of deceased nonapplicant/respondent No. 5.
CMP(M) Nos. 263 & 264 of 2009 & 1427 & 1428 of 2018 By way of these applications, prayers have been made to bring on record the legal representatives of deceased respondent No. 5 as well as the legal representatives of proposed legal representative No. 5(a), who were found to be dead when notices were issued in CMP(M) Nos. 263 and 264 of 2009, as also for condonation of delay in filing the applications.
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The proposed legal representatives in both the applications stand served.
Having heard learned Additional Advocate General and after perusing the averments made in the applications, the same are disposed of by ordering the representatives, substitution of deceased respondent No. 5 with the proposed legal representatives, including those proposed legal who now stand substituted on account of the death of the proposed legal representative No. 5(a), whose details are given in these applications. The delay in filing the applications is condoned. The applications stand disposed of.
Learned Additional Advocate General is directed to file the amended memo of parties in consonance with the order passed by this Court today.
CMP(M) No. 477 of 2007 in RFA No. 178 of 2007 By way of this application, a prayer has been made for condonation of delay in filing the appeal. Taking into consideration the fact that the appeal was filed as far back as in the year 2007 and till date the application for condonation of delay in filing the appeal has not been disposed of, the same is allowed in view of the fact that as ::: Downloaded on - 28/04/2022 20:09:19 :::CIS the delay in filing the appeal is stated to be 23 days, the .
same cannot be said to be substantive.
RFA No. 178 of 2007Heard. Admit. Post admission notice. Mr. Pardeep Kumar, learned counsel accepts post admission notice on behalf of respondent No. 1. Issue post admission notice to all the remaining respondents, returnable within six weeks. Steps for service be taken within two weeks. For the purpose of service, the matter be listed before the Additional Registrar (Judicial) and thereafter in the Court in due course.
(Ajay Mohan Goel) Judge April 28, 2022 (bhupender) ::: Downloaded on - 28/04/2022 20:09:19 :::CIS