The High Court of Himachal Pradesh dismissed an application for leave to appeal (LPA) against an order passed under Article 227, holding that no such appeal lies based on precedent.
Leave to appeal denied; liberty granted to seek other remedies.
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:4260
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.12 of 2018 Decided on: 01.07.2024
Ashok Kumar ...Appellant Versus State of H.P. & others ...Respondents Coram The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice The Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the appellant: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate. For the respondents: Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General, Mr. Arsh Rattan, Ms.Priyanka Chauhan and Mr.Sidharth Jalta, Deputy Advocates General, for respondents no.1 to 3.
Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for respondent no.4.
M.S. Ramachandra Rao, Chief Justice (Oral)
This LPA is preferred against order dt. 12.03.2018 in
CMPMO No.4101 of 2013 filed under Article 227 of the Constitution of India.
1AIR 1978 HP 39
2
that no LPA lies against the orders passed under Article 227 of the
Constitution of India, we decline to entertain this appeal. Accordingly, the appeal is dismissed, granting liberty to the appellant to avail other remedy, in accordance with law.
of.
( M.S. Ramachandra Rao ) Chief Justice
( Satyen Vaidya ) Judge
July 01, 2024 (vt)
1 issue framed by the court
Whether an appeal lies against orders passed under Article 227 of the Constitution of India.
Colour shows how this judgement treated each authority
Ishwar Singh vs. Smt. Ram Piari and anotherReferred¶8
Ishwar Singh vs. Smt. Ram Piari and another 1AIR 1978 HP 39
1 provisions across 1 enactments
Ashok Kumar
State of H.P.
others
M.S. Ramachandra Rao
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
