A letters patent appeal regarding a review petition allowing a judgment was dismissed for not recalling the prior judgment. The High Court set aside the review judgment and directed the lower court to hear the writ petition afresh.
Judgment dated 4.8.2021 and 17.12.2020 set aside; CWPOA No.6523 of 2019 to be heard afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MS. JUSTICE SABINA
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
LETTERS PATENT APPEAL No.81 of 2021
Between:-
SUMIT AZAD, SON OF SHRI MOHAN LAL AZAD, RESIDENT OF EXPERIMENTAL BLOCK, BLOCK-IV, B-2, SECTOR-III, PARWANOO, DISTRICT SOLAN, HIMACHAL PRADESH173 220, PRESENTLY WORKING AS ASSISTANT ENGINEER, OFFICE OF SUPERINTENDING ENGINEER, PLANNING CIRCLE-I, HPSEB LIMITED, SUNDERNAGAR, DISTRICT MANDI, (HP). ..…. APPELLANT
(BY MR. DILIP SHARMA, SENIOR ADVOCATE WITH MR. MANISH SHARMA, ADVOCATE)
AND
1. ABHINAV SAKLANI, S/O SH. OC SAKLANI, R/O VILLAGE KHACHALI, SUB TEHSIL SANDHOL, DISTRICT MANDI, H.P. PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF SUPERINTENDING ENGINEER, GENERATION CIRCLE, HPSEBL, PALAMPUR, DISTRICT KANGRA, H.P.
2. MUNISH KUMAR, S/O SH. RANJEET SINGH, R/O VILLAGE SEHOTI, P.O. & TEHSIL KHUNIDIAN, DISTRICT KANGRA, H.P. 176030 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THIROT CONSTRUCTION DIVISION-I, HPSEBL, PANDOH, H.P.
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3. ASHISH SHARMA, S/O SH. RAJINDER SHARMA, R/O VILLAGE KARHA, P.O. KHARWAR, TEHSIL BHORANJ, DISTRICT HAMRIPUR, H.P. PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF SUPERINTENDING ENGINEER (DESIGN), ELECTRICAL SYSTEM, HPSEBL, HAMIRPUR, H.P.
4. ASHIT KASHYAP, S/O SH. SAHIB SINGH, R/O VILLAGE TIPPER, P.O. ODDI, TEHSIL KUJMARSAIN, DISTRICT SHIMLA, H.P.171213 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF DIRECTOR, DIRECTORATE OF ENERGY, GOVT. OF H.P., SHIMLA, H.P.
5. DEEPAK DHIMAN, S/O SH. MALKIAT DHIMAN, R/O WARD NO. 6, MOHALLA ATTAR SINGH MANDI, NURPUR, KANGRA, H.P. 176202 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF DIRECTOR, DIRECTORATE OF ENERGY, GOVT. OF H.P., SHIMLA, H.P.
6. RATAN JEET, S/O SH. BHUPENDER SINGH, R/O VPO TANGLING (41/2) SHONGTONG, TEHSIL KALPA, DISTRICT KANGRA, H.P. 172107 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF GENERAL MANAGER STKHEP, (450 MW) HPPCL, RECKONG PEO, DISTRICT KINNAUR, H.P.
7. MUNISH KUMAR, S/O SH. SUBHASH CHAND KASHYAP, R/O VILALGE, BHARANTA, P.O. SAHI THURAL, TEHSIL PALAMPUR, DISTRICT KANGRA, H.P. 176107 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF DIRECTOR (DESIGN), BHAKRA BEAS, DESIGN DIRECTORATE BBMB, NAGAL TOWNSHIP NANGAL, H.P.
8. ROHIT VERMA, S/O SH. KAMAL KUMAR, R/O 70/3, MEHTAB COLONY, PAONTA SAHIB, DISTRICT SIFTOUR, H.P. 173025 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF GENERAL MANAGER, RENUKA JI DAM PROJECT, HPPCL DADAHU, DISTRICT SIRMOUR, H.P.
9. BALRAM SHARMA, S/O SH. RAM CHAND, R/O VILLAGE PAPLAH, P.O. BHARARI, TEHSIL BHORANJ, DISTRICT HAMIRPUR, H.P. 177024 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
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S/O SHRI JAGDISH RAJ KOUNDAL, R/O V.P.O. GURCHAL, TEHSIL NURPUR, DISTRICT KANGRA, H.P. 176202, PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF CHIEF ENGINEER (PCA), HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD., VIDYUT BHAWAN, SHIMLA, H.P. 17. RAVI KANT, S/O SH. KHEM CHAND, R/O VILLAGE SYANH, P.O. LOHARA, TEHSIL BALH, DISTRICT MANDI, H.P. 175027, PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF SUPERINTENDING ENGINEER, PLANNING CIRCLE-1, HPSEB LTD. SUNDER NAGAR, DISTRICT MANDI, H.P. 18. ANKUSH SONI, S/O SH. VIJAY KUMAR, R/O V.P.O. PAPROLA, TEHSIL BAIJNATH, DISTRICT KANGRA, HP 176115 PRESENTLY POSTED AS ASSISTANT EXECUTIVE ENGINEER, OFFICE OF M.D. BVPCL JOGINDER NAGAR, DISTRICT MANDI, H.P. 19. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED THROUGH ITS EXECUTIVE DIRECTOR (PERSONNEL), VIDYUT BHAWAN, SHIMLA-171004. …...RESPONDENTS
(MR. SUNIL MOHAN GOEL, ADVOCATE FOR R-1 to R-18. MR.TARA SINGH CHAUHAN, ADVOCATE, FOR R-19)
This Letters Patent Appeal coming on for orders this day,
Hon’ble Ms. Justice Sabina, delivered the following:
J U D G M E N T
The appellant has filed the present Letters Patent Appeal, challenging the judgment dated 4.8.2021 passed by learned Single Judge, whereby review petition filed by the private respondents, was allowed.
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Pending miscellaneous application(s), if any, also stands disposed of.
( Sabina ) Judge
( Jyotsna Rewal Dua) Judge December 9, 2021 (ks)
1 issue framed by the court
Whether the judgment modifying a prior decision in favor of respondents affected by lack of service can be set aside.
Colour shows how this judgement treated each authority
K. Meghachandra Singh and Others vs. Ningam Siro and OthersExplained¶42
K. Meghachandra Singh and Others vs. Ningam Siro and Others, (2020) 5 SCC 689 · Who else cites this
Sumit Azad
Abhinav Saklani
Munish Kumar
Ashish Sharma
Ashit Kashyap
Deepak Dhiman
Sabina
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
