Himachal Pradesh High Court
The Ceo Cum Secretary And Anr vs Gurbakash Singh And Ors on 19 August, 2020
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 68 of 2019
Date of Decision: 19.8.2020.
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The CEO cum Secretary and Anr. .........Appellants
Versus
Gurbakash Singh and Ors. ....Respondents.
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the appellants: Mr. C.N. Singh, Advocate.
For the respondents: Mr. Rajesh K. Parmar, Advocate, for respondents No. 1
to 8.
Mr. Sudhir Bhatnagar, Additional Advocate General,
for the State.
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Sandeep Sharma, J. (Oral)
Through Video Conferencing By way of instant appeal filed under Section 54 of the Land Acquisition Act, 1894, appellants have laid challenge to award dated 21.11.2018, passed by the learned Additional District Judge-1, Solan, District Solan, H.P., in Land Ref. Petition No. 51-NL/4 of 2008.
2. Though vide order dated 11.9.2019, appeal at hand was admitted, but today during the course of the hearing, learned counsel for the parties fairly admit that claimant-Gurbakash Singh i.e. respondent No.1 had died prior to passing of the impugned award dated 21.11.2018 and as such, award passed in favour of dead person deserves to be quashed and set-aside being nullity in the eye of law.
Whether reporters of the Local papers are allowed to see the judgment?
::: Downloaded on - 19/08/2020 20:22:11 :::HCHP -2-3. Consequently, in view of the above, impugned award dated 21.11.2018, passed by the learned Additional District Judge, Solan, District Solan H.P. in Reference Petition No. 51-NL/4 of 2008, is quashed and set-aside and .
matter is remanded back to the reference court below with direction to decide the aforesaid reference petition afresh in accordance with law. All the miscellaneous applications filed by the respective parties during the pendency of the present appeal shall be decided by the court below in accordance with law. Registry is directed to send the complete case file to the court below forthwith after keeping photocopies of the same. Learned counsel for the parties undertake to cause presence of their respective clients before the court below on 1.9.2020, enabling it to proceed with the matter afresh in terms of directions contained in the instant judgment. Registry to apprise the court below with regard to passing of instant order. Interim order, if any, stands vacated. In the aforesaid terms, present appeal stands disposed of.
19th August, 2020 (Sandeep Sharma),
manjit Judge.
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