The High Court dismissed the State's appeal against the imposition of costs as not maintainable, noting the costs were personally liable on the Principal Chief Conservator of Forests. The delay condonation application was also dismissed.
The appeal and the delay condonation application were dismissed as not maintainable.
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.
( 2024:HHC:10788 )
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CMP(M) No. 658/2024.
Decided on: 06.11.2024
State of H.P. & ors. …..Applicants Versus Narsingh Dutt ….Respondent
Coram:
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice . The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the Applicants: Mr. Anup Rattan, A.G. with Mr. Pranay Pratap Singh, Mr. Sushant Kaprate, Mr. Rakesh Dhaulta, Mr. Govind Korla, Addl. A.Gs and Ms. Priyanka Chauhan, Dy. A.G.
For the Respondent: Nemo.
Justice Tarlok Singh Chauhan, Acting Chief Justice (oral)
Aggrieved by the imposition of costs, the State has filed an
appeal along with instant application seeking condonation of 9 days’ delay. However, para-21 of the impugned order clearly goes to indicate that costs of ₹1,00,000/-, as imposed, are to be personally paid by the Principal Chief Conservator of Forests, that too, in his personal capacity, who, at best can be said to be aggrieved.
1 Whether reporters of the local papers may be allowed to see the judgment? Yes.
2
2 Consequently, the instant application as also the main appeal is
not maintainable and is accordingly, dismissed, so also the pending
application(s), if any.
(Tarlok Singh Chauhan) Acting Chief Justice
(Satyen Vaidya) 06.11.2024 Judge
(pankaj)
2 issues framed by the court
Whether the appeal filed by the State against the imposition of costs was maintainable considering the personal liability of the Principal Chief Conservator of Forests.
Whether the application for condonation of delay was maintainable.
State of H.P.
Narsingh Dutt
Tarlok Singh Chauhan
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
