Himachal Pradesh High Court
Sh.Netar Singh & Others vs The State Of Himachal Pradesh & Another on 17 November, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 337 of 2017 .
Date of Decision: November 17, 2017 Sh.Netar Singh & others ...Petitioners.
Versus The State of Himachal Pradesh & another ...Respondents. Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. Whether approved for reporting?1No. For the Petitioners:
Mr. Naresh Sharma, Advocate.
For the respondents:- Mr. R.S.Verma, Additional Advocate r General, for the respondents-State.
Sanjay Karol, Acting Chief Justice Allegedly, the State took possession of the petitioners' land for a public purpose i.e. construction of Koti-Rohalti-Satlhi-Chikhar road, without payment of compensation and following due process of law. Prior to filing of the suit, petitioners served legal notice, which also was not heeded to, for no action, in accordance with law, was initiated by the State.
2. The instant proceedings arise out of order dated 05.05.2017, passed by Civil Judge. Court No.8, Shimla, H.P., in Civil Suit No.14/1 of 2015/RBT No.144/10 of 17/15, titled 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 20/11/2017 23:05:53 :::HCHP 2as Sh.Netar Singh & others vs. The State of H.P. & another, in relation to an application filed by the petitioners for appointment of a Local Commissioner.
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3. After the matter was heard for some time, learned counsel for the petitioners, under instructions, states that liberty be reserved to the petitioners to not only withdraw the instant petition, but also the suit pending consideration before the Civil Court, to enable them to initiate appropriate proceedings, including filing a writ petition seeking r appropriate prayer. Prayer allowed.
Ordered accordingly. Since petitioners have been pursuing the matter diligently, in the event of the suit being withdrawn and proceedings initiated by the petitioners, the question of limitation shall not come in their way. Liberty reserved to the petitioners to initiate such proceedings on the same and subsequent cause of action.
In view of the above, present petition stands disposed of, so also pending application(s), if any.
Copy dasti.
(Sanjay Karol), Acting Chief Justice.
November 17, 2017 (Purohit) ::: Downloaded on - 20/11/2017 23:05:53 :::HCHP