Himachal Pradesh High Court
Jagdish Chand Sharma vs State Of Himachal Pradesh And Others on 3 October, 2019
Bench: Tarlok Singh Chauhan, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
LPA No.38 of 2012
Date of Decision : 3.10.2019
Jagdish Chand Sharma
... Petitioner.
Versus
State of Himachal Pradesh and others
...Respondent
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No
For the Petitioner : Mr. Rajinder Sharma, Advocate.
For the Respondents : Mr. Vinod Thakur, Additional Advocate
General with Mr. Bhupinder Thakur and
Mr. Narinder Thakur, Deputy Advocate
Generals for State.
Mr. Sunil Mohan Goel, Advocate, for R-3.
Tarlok Singh Chauhan, Judge (Oral)
After having heard for sometime, learned counsel for the petitioner, seeks permission to withdraw the present appeal, with liberty to file the civil suit. Since the petitioner has chosen the wrong forum, therefore, he is permitted to 1 Whether reporters of Local Papers may be allowed to see the judgment?
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withdraw the writ petition as well as the Letters Patent Appeal .
with liberty to file the civil suit.
2. It is made clear that in case the civil suit is filed on or before 2.11.2019, then the respondents will not be permitted to raise the point of limitation. Since the respondents are already aware of the limitation, therefore, requirement of notice under Section 80 of the Civil Procedure Code, is also dispensed with.
Pending application(s), if any, also stand disposed of.
(Tarlok Singh Chauhan),
Judge
(Anoop Chitkara),
Judge
3rd October, 2019 (KS)
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