Dismissed

State of Hp and Another v. Dalip Singh

Himachal Pradesh HC4 Jul 2024CMP.M/833/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application seeking condonation of a 363-day delay in filing a leave petition against a Single Judge's order. The Court held that the State was duty-bound to implement the order even if challenged, and the internal administrative breakdown was not a valid excuse for delay.

What did the court decide?

The application for condonation of delay was dismissed; the unregistered Leave Petition was also dismissed.

State of Hp and Another Vs Dalip Singh — Civil Procedure and Limitation | Himachal Pradesh HC (2024)

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Neutral Citation No. ( 2024:HHC:4475 )

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CMP(M) No. 833 of 2024.

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Date of Decision: 4th July, 2024.

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State of H.P. & Anr. . ...Applicants. Versus Dalip Singh ... .Respondent.

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Coram:

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The Hon’ble Mr. Justice M. S. Ramachandra Rao, Chief Justice.

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The Hon’ble Mr. Justice Satyen Vaidya, Judge.

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Whether approved for reporting?

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For the Applicants:	Mr. Rakesh D	haulta, Additional
	Advocate General,	Mr. Pranay Pratap
	Singh, Additional	Advocate General
	and Ms. Priyanka	Chaudhan, Deputy
	Advocate General.
For the Respondent:	Nemo.

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M.S. Ramachandra Rao, Chief Justice (Oral)

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This application is filed by the applicants seeking

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condonation of delay of 363 days’ in filing the LPA against the order dt. 11.04.2023 passed by the learned Single Judge in CWPOA No. 7284 of 2019.

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It is stated in the application seeking condonation of delay that the respondent was called for personal hearing on 19^th June, 2023

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…2…

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and thereafter the matter was referred to applicant No.1 on 10.07.2023, who had sought some clarification in the matter on 31.08.2023; and the same was sent to applicant No.1 on 02.09.2023; and thereafter directions were issued by applicant No.1 on 03.10.2023 to pass speaking orders in the matter in view of Surajmani’s judgment. It is contended that applicant No.2 on 29.11.2023 asked the Secretary (Forest) as to whether the judgment in Surajmani’s case has attained finality or agitated further; and it was informed by the Secretary (Forest) that judgment in LPA no. 165 of 2021 has been challenged further in the Supreme Court; thereafter legal opinion was sought from the Law department on 28.12.2023; legal opinion was tendered on 13.02.2024 and the LPA was filed on 30.05.2024. It is stated that the delay is on account of above stated reasons and is prayed to be condoned.

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Admittedly, the judgment of the learned Single Judge was delivered on 11.04.2023 but the LPA was filed on 30^th May, 2024. We fail to understand why a personal hearing was provided to the respondent when a direction was issued to the applicants to consider the case of the respondent in light of judgment in Surajmani’s case. Even if the said judgment was challenged by the State in the Supreme Court, when there is no stay, the applicants were duty bound to implement it

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without prejudice to their rights. In any event, the direction in the impugned judgment was only to consider the case of the respondent and no other positive relief had been granted.

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Therefore, we do not find any merit in this application for

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condonation of delay in filing the LPA and the same is accordingly dismissed. Consequently, the unregistered LPA is also dismissed.

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( M. S. Ramachandra Rao) Chief Justice.

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(Satyen Vaidya) Judge

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4^th July, 2024. (jai)

State of Hp and Another v. Dalip Singh

Case brief

What is this about?

What did the court decide?

State of Hp and Another v. Dalip Singh

Case brief

What is this about?

What did the court decide?

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