Disposed¶18

State v. Bishan Singh

Himachal Pradesh HC4 Jul 2024CMP/10214/2024

Case brief

AI extract

What is this about?

Release of enhanced acquisition compensation with proportionate interest; State of HP and others v. Bishan Singh and others; RFA No.8 of 2012; CMP Nos.10206, 10208-10214 of 2024 all allowed and disposed; remittance to claimants' bank accounts; subject to identity verification; no further appeal to Hon'ble Apex Court; no reply filed by non-applicants/appellants; Judge Bipin C. Negi; dated 04.07.2024.

What did the court decide?

Release of the enhanced amount of compensation along with proportionate interest to each applicant as per his/her share, remitted to the bank account given in Paragraph-2 of the application, subject to proper verification of identity. ¶18

State Vs Bishan Singh — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether each miscellaneous application (CMP Nos.10206 and 10208-10214 of 2024) seeking release of the enhanced amount of compensation along with proportionate interest to the applicant as per his/her share should be allowed.

¶8

Court's answer

Since RFA No.8 of 2012 stood decided and no further appeal had been preferred against that judgment before the Hon'ble Apex Court, the miscellaneous applications were allowed on account of that fact and for the reasons stated in the applications.

¶7

Ratio / Principle

In respect of each application, the enhanced amount of compensation along with proportionate interest is ordered to be released in favour of the applicant as per his/her share (share details at Page No.209/219/336 of the paper book), to be remitted to the bank account stated in Paragraph-2 of the application, subject to proper verification of identity; each application stands disposed of.

¶28

Detailed headnote1 paragraphs

Order dated 04.07.2024 of Judge Bipin C. Negi disposing of eight civil miscellaneous petitions (CMP Nos.10206 and 10208-10214 of 2024) filed by the applicants-claimants in State of HP and others v. Bishan Singh and others (RFA No.8 of 2012). Noting that the parent RFA judgment (date recorded as 03.12.2013 in ¶7 and as 03.12.2023 in subsequent paragraphs) had not been appealed further to the Hon'ble Apex Court, the Court allowed each application and ordered release of the enhanced amount of compensation along with proportionate interest in favour of each applicant according to his/her share (share details at Page No.209/219/336 of the paper book), to be remitted to the bank account stated in Paragraph-2 of the application, subject to proper verification of the applicant's identity. Each application stands disposed of. No statute or precedent case is cited.

¶1

State of HP and others vs. Bishan Singh and others

¶2

RFA No.8 of 2012

¶3

04.07.2024 Present:

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Mr. B.N. Sharma, Additional Advocate General, for the petitioners/State. Mr. N.K. Bhalla, Advocate, for the applicants-claimants.

¶5

CMP No.10206/2024

¶6

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶7

RFA No.8 of 2012, in the case at hand, was decided on 03.12.2013, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶8

On account of the aforesaid and for the reasons stated in the application, the same is allowed. The enhanced amount of compensation along with proportionate interest is ordered to be released in favour of the applicant, as per her share, details whereof, have been given at Page No.209/219/336 of the paper book. The amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of her identity. Application stands disposed of.

¶9

CMP No.10208/2024

¶10

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶11

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶12

¶13

-2-

¶14

amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of her identity. Application stands disposed of.

¶15

CMP No.10209/2024

¶16

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶17

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶18

On account of the aforesaid and for the reasons stated in the application, the same is allowed. The enhanced amount of compensation along with proportionate interest is ordered to be released in favour of the applicant, as per his share, details whereof, have been given at Page No.209/219/336 of the paper book. The amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of his identity. Application stands disposed of.

¶19

CMP No.10210/2024

¶20

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶21

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶22

¶23

-3-

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amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application. Application stands disposed of.

¶25

CMP No.10211/2024

¶26

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶27

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶28

On account of the aforesaid and for the reasons stated in the application, the same is allowed. The enhanced amount of compensation along with proportionate interest is ordered to be released in favour of the applicant, as per his share, details whereof, have been given at Page No.209/219/336 of the paper book. The amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of his identity. Application stands disposed of.

¶29

CMP No.10212/2024

¶30

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶31

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶32

¶33

-4-

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amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of his identity. Application stands disposed of.

¶35

CMP No.10213/2024

¶36

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶37

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶38

On account of the aforesaid and for the reasons stated in the application, the same is allowed. The enhanced amount of compensation along with proportionate interest is ordered to be released in favour of the applicant, as per his share, details whereof, have been given at Page No.209/219/336 of the paper book. The amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of his identity. Application stands disposed of.

¶39

CMP No.10214/2024

¶40

No reply is intended to be filed on behalf of the nonapplicants/appellants.

¶41

RFA No.8 of 2012 in the case at hand was decided on 03.12.2023, but no further appeal has been preferred against the said judgment before the Hon’ble Apex Court.

¶42

¶43

-5-

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amount be remitted to the bank account, details whereof, have been given in Paragraph-2 of the application, subject to proper verification of his identity. Application stands disposed of.

¶45

( Bipin C. Negi ) July 04, 2024 (KS) Judge

State v. Bishan Singh

Case brief

What is this about?

What did the court decide?

State v. Bishan Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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