Allowed¶31

State of Hp and Another v. Abida Bano and Another

Himachal Pradesh HC4 Jan 2025CMP.M/1654/2024

Case brief

AI extract

What is this about?

Condonation of delay allowed for State appeals; State of H.P. & Ors. vs. Yog Raj & Ors.; LPA No. 194 of 2023; CMP(M) Nos. 1299, 1584, 1602, 1654, 1694, 1695, 1697 & 1705 of 2024; common judgment dated 19.07.2022 in CWP No. 3573 of 2019; delay up to 645 days; earlier condonation for main appeal with costs of Rs. 71,000/- (order dated 05.10.2023); Office directed to register appeals; listing 25.03.2025; bench of G. S. Sandhawalia, CJ and Satyen Vaidya, J.

What did the court decide?

Condonation of delay allowed in all the State's CMP(M) applications 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. ¶31

State of Hp and Another Vs Abida Bano and Another — Himachal Pradesh HC (2025) — LawSathi Research

¶1

Item No. D-12.

¶2

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

¶3

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.

¶4

LPA No. 194 of 2023

¶5

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.

¶6

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

¶7

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

¶8

CWPOA No. 5740 of 2020

¶9

Mr. Onkar Jairath, Advocate, for the petitioners.

¶10

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

¶11

CWP No. 5663 of 2022

¶12

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

¶13

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

¶14

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

¶15

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

¶16

CWPs No. 1756 & 1759 of 2023

¶17

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.

¶18

CWP No. 1809 of 2023

¶19

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

¶20

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

¶21

CWP No. 1897 of 2023

¶22

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.

¶23

CWP No. 2821 of 2023.

¶24

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

¶25

the respondents-State.

¶26

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

¶27

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

¶28

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

¶29

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.

¶30

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.

¶31

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.

¶32

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

¶33

List the appeals on 25^th March, 2025.

¶34

( G. S. Sandhawalia ) Chief Justice.

¶35

(Satyen Vaidya) Judge.

¶36

4^th January, 2025. (jai)

State of Hp and Another v. Abida Bano and Another

Case brief

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State of Hp and Another v. Abida Bano and Another

Case brief

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