Quashed
Union of India v. Sh. Dhalu and Ors.
Himachal Pradesh HCCMP.M/997/2022
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from the order text
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& Another Vs. Dhalu & others. CMP (M) No.…
What the court decided
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& Another Vs. Dhalu & others. CMP (M) No.…
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.
Union of India & Another Vs. Dhalu & others.
CMP (M) No. 997 of 2022
2.8.2022 Present : Mr.Balram Sharma, Assistant Solicitor General of India, for the petitioner.
Mr.Maan Singh, Advocate, for the respondents No. 1, 2 and 3(a) to 3(d).
Ms.Rameeta Rahi, Additional Advocate General, for respondent No. 4.
CMP (M) No. 997 of 2022
Notice. Mr.Maan Singh, Advocate waives service
and accepts notice on behalf of respondents No. 1, 2 and 3(a) to 3(d) and Ms.Rameeta Rahi, Additional Advocate General waives service and accepts notice on behalf of respondent No. 4, respectively. Contesting respondents are being represented by Mr.Maan Singh, Advocate.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of applicant/petitioner for condonation of delay in filing the accompanying petition.
Learned counsel representing the contesting respondents fairly states that he does not intend to file any reply to the application and shall have no objection in case prayer made in the application is allowed.
Having heard learned counsel representing the parties and perused the material available on record, this Court is convinced and satisfied that delay in maintaining the
accompanying petition is neither intentional nor deliberate, rather same has occurred on account of the lengthy administrative process and as such, delay in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered.
The application stands disposed of.
Civil Revision No. … of 2022 (CRST No. 11413 of 2022)
Notice in the aforesaid terms.
Admit.
Record of Execution Petition No. 182 of 2017 in case titled as Dhalu & others Vs. Collector Land Acquisition and another be requisitioned.
List for hearing after four weeks alongwith CR No. 85 of 2021 before appropriate Bench.
CMP No. …… of 2022 (CMPST No. 11414 of 2022)
Subject to applicant/petitioner depositing the additional amount of compensation, within a period of eight weeks from today, operation and execution of impugned order dated 6.4.2018 and 1.8.2018 passed by learned Additional District Judge, Kullu, in Execution Petition No. 182 of 2017 in case titled as Dhalu & others Vs. Collector Land Acquisition and another shall remain stayed during pendency of appeal.
The application stands disposed of.
Parties may produce downloaded copy of the order passed by the Court before the Authorities concern and the concerned authority shall not insist for certified copy of the order, rather passing of order can be verified from the web page of this High court.
(Vivek Singh Thakur), Judge.
2nd August, 2022
(Keshav)
Union of India
Dhalu
Vivek Singh Thakur
As recorded by the court registry
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