Allowed¶11

The State of Hp and Others v. Hari Dev Verma and Others

Himachal Pradesh HC12 Mar 2025CMP.M/1443/2023

Case brief

AI extract

What is this about?

condonation of delay; 187 days delay; sufficient cause; inordinate delay; State of H.P.; Hari Dev Verma; CWPOA No.4148 of 2019; CMP(M) No.1443 of 2023; Sheo Raj Singh (2023) 10 SCC 531; State of H.P. v. Gian Chand; SLP pending adjudication; appeal registered and admitted; notice waived; ex parte respondents; financial implications

What did the court decide?

Delay of 187 days in filing the appeal condoned; appeal directed to be registered, admitted and notice issued (service waived for respondent Nos.1, 2, 3(a) to 3(c), 4, 5 and 7 to 10). ¶11

The State of Hp and Others Vs Hari Dev Verma and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 187 days in filing the appeal condoned; appeal directed to be registered, admitted and notice issued (service waived for respondent Nos.1, 2, 3(a) to 3(c), 4, 5 and 7 to 10).

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Issue for consideration

Whether the delay of 187 days in filing the appeal by the State against the judgment dated 28.10.2022 in CWPOA No.4148 of 2019 should be condoned.

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Court's answer

Taking into account the issues concerned and the fact that financial implications would arise, it is not a case of inordinate delay and sufficient cause has been made out to condone the delay of 187 days in filing the appeal, as per the law laid down in Sheo Raj Singh (deceased) through LRs and others Vs. Union of India & another, (2023) 10 SCC 531.

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Ratio / Principle

The application for condonation of delay is allowed and the delay in filing the appeal is condoned.

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Detailed headnote1 paragraphs

Himachal Pradesh High Court, Division Bench (G.S. Sandhawalia, Chief Justice and Ranjan Sharma, Judge), by order dated 12.03.2025 in CMP(M) No.1443 of 2023 (State of H.P. & Others v. Hari Dev Verma & Others), allowed the State's application for condonation of a 187-day delay in filing the appeal against the learned Single Judge's judgment dated 28.10.2022 in CWPOA No.4148 of 2019. Holding that, keeping in view the issues concerned and the fact that financial implications would arise, it was not a case of inordinate delay and sufficient cause stood made out, the Bench acted as per the law laid down in Sheo Raj Singh (deceased) through LRs and others v. Union of India & another, (2023) 10 SCC 531. The respondents' reply pointing out the inaction of the State was noted. Counsel for the appellant stated that the Division Bench judgment of this Court in State of H.P. & Others v. Gian Chand & Others, relied upon before the learned Single Judge, was the subject matter of an SLP pending adjudication. The appeal was ordered to be registered and admitted; notice was issued and service was waived by Mr. Mohit Thakur for respondent Nos.1, 2, 3(a) to 3(c), 4, 5 and 7 to 10; respondent Nos.6(a) to 6(c) (order dated 12.09.2024) and respondent No.11 (order dated 25.06.2024) were ex parte.

The State of Hp and Others v. Hari Dev Verma and Others

Case brief

What is this about?

What did the court decide?

The State of Hp and Others v. Hari Dev Verma and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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