Full Bench of Himachal Pradesh High Court dismissed the application by the State for condonation of 363 days delay in filing a leave petition against a Single Judge order, noting no positive relief was granted in the impugned order.
Application for condonation of delay dismissed. Unregistered leave petition dismissed.
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( 2024:HHC:4687 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMP(M) No.834 of 2024 Date of Decision: 08.07.2024.
State of Himachal Pradesh & Anr. ..Appellants Versus Ashok Kumar ...Respondent
Coram
The Hon’ble Mr Justice M.S. Ramachandra Rao, Chief Justice. The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1
| For the Applicants | : | Mr. Rakesh Dhaulta, Mr. Pranay Pratap |
|---|---|---|
| Singh, Additional Advocate Generals and | ||
| Ms. Priyanka Chauhan, Deputy Advocate General. |
||
| For the Respondent | : | Nemo. |
M.S. Ramachandra Rao, Chief Justice (Oral)
This application is filed by the applicants seeking 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.7363 of 2019.
the respondent was called for personal hearing on 19th June, 2023 and
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2
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 29.05.2024. It is stated that the delay is on account of above stated reasons and is prayed to be condoned.
3
only to consider the case of the respondent and no other positive relief had
been granted.
(M.S. Ramachandra Rao) Chief Justice
(Satyen Vaidya) Judge
8th July, 2024
(Subhash/Ankit)
2 issues framed by the court
Whether the delay of 363 days in filing the leave petition against the order dated 11.04.2023 could be condoned.
Whether the reliance on the filing of a further appeal in the Supreme Court in the Surajmani case can be a valid ground for condonation of delay.
State of Himachal Pradesh & Anr.
Ashok Kumar
M.S. Ramachandra Rao
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
