Himachal Pradesh High Court
State Of H.P. & Others vs . Raksha Devi & Another on 31 October, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Jyotsna Rewal Dua
State of H.P. & others vs. Raksha Devi & another CMP No.11851 of 2022 in LPA No.114 .
of 2012 31.10.2023 Present: Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Mr. Pranay Pratap Singh, Additional Advocates General, Mr. Sidharth Jalta, Mr.Arsh Rattan, Deputy Advocates General, for the applicants-appellants.
Mr. Rajesh Verma, Advocate, for respondent no.1.
of CMP(M) No.1298 of 2023 & CMP No.11851 of 2022 rt This application is filed seeking condonation of delay of extraordinary period of 11 years 2 months 28 days in seeking restoration of this Letters Patent Appeal which had been dismissed as a consequence of the appellants not taking steps for service on the respondents within three weeks as stipulated in the order dt. 30th May, 2012 which contained a default clause that if such steps were not taken, the appeal would stand dismissed.
According to the application for condonation of delay, a letter dt. 1st June, 2012 was received from the office of the learned Advocate General in continuation to letter dt. 4th May, 2012 and it was intimated that the LPA would be listed before the Court on 30.05.2012, and the aforesaid order directing service on the respondents was passed with a default clause that if such steps were not taken, the appeal would be dismissed.
The stand in the application for condonation of delay is that only after the Execution Petition no.63 of 2022 was filed by the respondents and the same was listed before this Court on ::: Downloaded on - 01/11/2023 20:34:56 :::CIS 21.06.2022, it was realized that the appeal stood dismissed on account of non-compliance of order dt. 30th May, 2012 .
It is not in dispute that the first respondent had retired from service in the year 2006, 17 years back. It would be travesty of justice at this point of time to revive the appeal by of condoning the extraordinary period delay of 11 years 2 months 28 days in seeking restoration of this appeal on account of rt absolute negligence on the part of the appellants.
Therefore, this application fails and is dismissed.
Consequently, the application for restoration of appeal is also dismissed. No costs.
( M.S. Ramachandra Rao ) Chief Justice ( Jyotsna Rewal Dua ) Judge October 31, 2023 (vt) ::: Downloaded on - 01/11/2023 20:34:56 :::CIS