Himachal Pradesh High Court
Collector Land Acquisition vs . Khem Dev And Others on 19 May, 2025
Collector Land Acquisition vs. Khem Dev and others CMP Nos.25755 & 25756 of 2024 in RFA No.90 of 2006 19.05.2025 Present: None for the non-applicant/appellant.
Mr. Manjeet Kaur, Advocate, vice Mr. Naveen K. Bhardwaj, Advocate, for applicant/respondent No.2(a). Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.5 and 6/State.
CMP No.25755 of 2024 Despite service, no one has put in appearance on behalf of the non applicant.
The appeal, in the case at hand, was disposed of by a Co- ordinate Bench of this Court, on 10.04.2008. No further proceedings are stated to be pending before the Apex Court.
Respondent No.2-Surat Ram is stated to have died on 03.01.2007. He is survived by the present applicant. The factum of death of respondent No.2-Surat Ram is evident from the Death Certificate appended along-with the present application as Annexure R-1. The details of the legal heir is evident from the Legal Heir Certificate appended along with present application as Annexure R-2. However, as per the same, the deceased is survived by the present applicant and Mani Devi (daughter). However, on further perusal of the same, it is evident that the entire immovable property, by virtue of Will, has been bequeathed upon the present applicant.
In view thereof, right to receive compensation survives in the said legal heirs. For the aforesaid reasons, present application is allowed. The applicant is permitted to be brought on record as legal heir of deceased. Amended memo of parties filed at Page-21 of the paper book is ordered to be taken on record.
CMP No.25756 of 2024
Despite service, no one has put in appearance on behalf of the non applicant.
The appeal, in the case at hand, was disposed of by a Co- ordinate Bench of this Court, on 10.04.2008. No further proceedings are stated to be pending before the Apex Court.
By virtue of present application, the amount lying deposited in the Registry of this Court along-with interest accrued thereupon, is sought to be released in favour of the applicant.
For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicant, i.e., legal heir of deceased Surat Ram (respondent No.2), in terms of his share, detailed in Paragraph-3 of the application. The amount be remitted to the bank account, details whereof, have been given in Paragraph-7 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
May 19, 2025 (KS) Judge