State of Hp and Others Vs Satish Kumar and Others — Himachal Pradesh HC (2025) — LawSathi Research

State of Hp and Others Vs Satish Kumar and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay granted for all eight CMP(M) applications (Nos. 1299, 1584, 1602, 1654, 1694, 1695, 1697 & 1705 of 2024); Office directed to register the appeals; State to supply copies of the LPAs to concerned counsel within one week; appeals listed for 25th March, 2025.

Issue for consideration

Whether the State's applications for condonation of delay in filing appeals against the common judgment dated 19th July, 2022 in CWP No. 3573 of 2019 and connected matters are liable to be allowed.

Court's answer

All the aforementioned applications for condonation of delay in filing the appeals are allowed, because the judgment under challenge in the appeals is common and it would create an ambiguous situation if the other State appeals were dismissed on account of delay while the main appeal is allowed.

Ratio / Principle

Office is directed to register the appeals.

Key takeaways

The State shall supply the copies of the LPAs to the concerned counsel within a period of one week.ratio¶¶32
The appeals are to be listed on 25th March, 2025.ratio¶¶33

Detailed headnote1 paragraphs

Condonation of delay — State appeals against the common judgment of the learned Single Judge dated 19th July, 2022 in CWP No. 3573 of 2019 and connected matters. Eight applications (CMP(M) Nos. 1299, 1584, 1602, 1654, 1694, 1695, 1697 & 1705 of 2024) seeking condonation of delays ranging from 645 days to about 1 year & 10 months, filed by the State, were allowed on the reasoning that the judgment under challenge is common and it would create an ambiguous situation if the other State appeals were dismissed for delay while the main appeal (LPA No. 194 of 2023, itself initially barred by 90 days and admitted on 05.10.2023 by a coordinate bench subject to costs of Rs. 71,000/-) had been allowed. Office directed to register the appeals; State to supply copies of the LPAs to concerned counsel within one week; appeals listed for 25th March, 2025. Bench: Chief Justice G. S. Sandhawalia and Judge Satyen Vaidya; order dated 26.12.2024. Administrative order only — no decision on the merits of the underlying writ controversies.

Item No. D-12.

State of H.P. & Ors. vs. Yog Raj & Ors. along with connected matter.

LPA No. 194 of 2023 a/w CWPOA No. 5740 of 2020, CWPs No. 5663, 6475 & 6476 of 2022, CWPs No. 1756, 1759, 1809, 1897 & 2821 of 2023, CMP.M No. 1299, 1584, 1602, 1654, 1694, 1695, 1697 and 1705 of 2024.

LPA No. 194 of 2023

26.12.2024 Present: Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the appellants. Mr. Onkar Jairath, Advocate, for respondents No. 1, 53, 54, 87, 104 & 115 to 117.

Mr. Vinod Thakur, Advocate, for the applicants in CMP No. 8122 of 2023.

Mr. R.L. Chaudhary, Advocate, for the applicants in CMP No. 11216 of 2023.

CWPOA No. 5740 of 2020

Mr. Onkar Jairath, Advocate, for the petitioners.

Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the respondents-State.

CWP No. 5663 of 2022

Mr. Onkar Jairath, Advocate, for the petitioners. Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for

the respondents-State. CWPs No. 6475 & 6476 of 2022

Mr. Lovneesh Singh Thakur, Advocate, for the petitioner in CWP No. 6475 of 2022.

Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the respondents-State.

CWPs No. 1756 & 1759 of 2023

Mr. R.L. Chaudhary, Advocate, for the petitioners. Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the respondents-State.

CWP No. 1809 of 2023

Mr. Narender Singh Thakur, Advocate, for the petitioner.

Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the respondents-State.

CWP No. 1897 of 2023

Mr. Prashant Sharma, Advocate, for the petitioner. Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for the respondents-State.

CWP No. 2821 of 2023.

Mr. Vikas Rajput, Advocate, for the petitioner. Mr. Rakesh Dhaulta, Mr. Sushant Kaprate, Mr. Pranay Pratap Singh, Mr. Gobind Korla, Additional Advocates General for

the respondents-State.

Mr. Ashwani Kumar Sharma, Advocate for the applicant in CMP Nos. 13463 and 13464 of 2023.

CMP(M) Nos. 1299, 1584, 1602, 1654, 1694, 1695, 1697 and 1705 of 2024.

CMP(M) No. 1697 of 2024 is preponed from 09.01.2025 along with the aforesaid applications.

These applications have been filed for condonation of delay of 645 days, 2 years & 14 days, 1 year, 11 months & 11 days, 1 year, 10 months & 10 days, 1 year, 10 months & 12 days, 1 year, 10 months & 13 days, 1 year, 10 months & 10 days and 1 year & 10 months respectively by the State against the common judgment passed by the learned Single Judge on 19^th July, 2022 in CWP No. 3573 of 2019 along with other connected matters.

In the first instance the State has preferred LPA No.194 of 2023 against the same judgment which was barred by 90 days. Resultantly, CMP(M) No. 82 of 2023 had been filed by the State and a coordinate bench of this Court on 05.10.2023 had allowed the said application subject to payment of costs of Rs.71,000/- and the Registry was directed to register the LPA.

We are of the considered opinion that the aforesaid applications for condonation of delay are liable to be allowed since the judgment under challenge in the appeals is common and it would create ambiguous situation if other State appeals are dismissed on account of the delay but the main appeal is allowed. Accordingly, all the aforementioned applications for condonation of delay in filing the appeals are allowed. Office is directed to register the appeals.

The State shall supply the copies of the LPAs to the concerned counsel within a period of one week.

List the appeals on 25^th March, 2025.

( G. S. Sandhawalia ) Chief Justice.

(Satyen Vaidya) Judge.

4^th January, 2025. (jai)