Allowed¶20

State of Hp and Others v. Keshav Ram and Others

Himachal Pradesh HC20 Mar 2025RP/7/2024

Case brief

AI extract

What is this about?

review petition allowed; order dated 03.04.2023 reviewed; CWP No.1478/2023 Keshav Ram and CWP No.1480/2023 Lobhi Ram restored to original position; State of H.P.; recall of order dated 30.11.2022 in Review Petition No.58 of 2023; LPA No.13 of 2022 revived after being disposed of as infructuous; founded on Hari Chand v. State of H.P., CWP No.1747 of 2020 (14.07.2021); de-tagged from LPA No.13 of 2022; listing 21.04.2025 for completion of State pleadings; Himachal Pradesh High Court; Sandhawalia CJ; Ranjan Sharma J.

What did the court decide?

Review petitions allowed; orders dated 03.04.2023 reviewed; CWP No.1478 of 2023 (Keshav Ram and Ors.) and CWP No.1480 of 2023 (Lobhi Ram) restored to their original position; to be listed before the learned Single Judge on 21.04.2025 for completion of pleadings by the State. ¶20

State of Hp and Others Vs Keshav Ram and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether a good case is made out for review of the Co-ordinate Bench's orders dated 03.04.2023 in CWP Nos.1478/2023 and 1480/2023, given that the order dated 30.11.2022 on which those orders were based has since been recalled.

¶17

Court's answer

Since the order under review dated 03.04.2023 was itself based upon the earlier order dated 30.11.2022 passed by the Co-ordinate Bench, and the said order stands recalled, a good case is made out for review of the order sought.

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Ratio / Principle

The review petitions are allowed.

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Key takeaways

The orders dated 03.04.2023 are reviewed.ratio¶21
CWP No.1478 of 2023 (Keshav Ram and Ors. vs. State of H.P. and Ors.) and CWP No.1480 of 2023 (Lobhi Ram vs. State of H.P. and Ors.) are restored to their original position.ratio¶21
The restored writ petitions are to be listed before the learned Single Judge on 21.04.2025 for completion of the pleadings by the State.ratio

Detailed headnote1 paragraphs

Review Petitions Nos. 7 & 8 of 2024 (State of H.P. v. Keshav Ram; State of H.P. v. Lobhi Ram), High Court of Himachal Pradesh, Shimla (G.S. Sandhawalia, CJ and Ranjan Sharma, J.; oral judgment), decided 20.03.2025 — ALLOWED. The writ petitions CWP Nos.1478/2023 and 1480/2023 had been disposed of on 03.04.2023 in view of the judgment dated 14.07.2021 in CWP No.1747 of 2020 (Hari Chand), at a time when the State's LPA No.13 of 2022 against that judgment stood disposed of as infructuous on 30.11.2022. That order dated 30.11.2022 having since been reviewed and recalled on 14.06.2023 in Review Petition No.58 of 2023 — whereby LPA No.13 of 2022 was restored to its original position — the Court held that a good case for review was made out, reviewed the orders dated 03.04.2023, and restored both writ petitions to their original position, directing listing before the learned Single Judge on 21.04.2025 for completion of the State's pleadings.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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Review Petition Nos. 7 & 8 of 202 4 Decided on: 20.03.2025

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R eview Petition No.7 of 2024 State of H.P. and Others ......Petitioners Versus Keshav Ram and Others ...Respondents R eview Petition No.8 of 2024 State of H.P. and Others ......Petitioners Versus Lobhi Ram and Others ...Respondents

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Coram

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Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Ranjan Sharma, Judge.

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Whether approved for reporting?¹

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For the petitioners: Mr. Arsh Rattan, Deputy Advocate General. For the respondents: Mr. Ashwani Gupta, Mr. Abhyendra Gupta and Ms. Babita Gautam, Advocates.

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G.S. Sandhawalia, Chief Justice (Oral)

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These review petitions are de-tagged from LPA No.13

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of 2022 and are taken up for disposal today itself.

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Whether the reporters of Local Papers may be allowed to see the judgment?

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The present review petitions No.7 and 8 of 2024 have been filed against the order passed by the Co-ordinate Bench on 03.04.2023 in CWP Nos.1478/2023 and 1480/2023, respectively.

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The writ petitions were disposed of to consider the case of the petitioners in view of the judgment passed on 14.07.2021 in CWP No.1747 of 2020 titled as Hari Chand and Ors. vs. State of H.P. and Ors., keeping in view that LPA No.13 of 2022 filed by the State against the same judgment had been disposed of as infructuous on 30.11.2022. It is a matter of record that the order dated 30.11.2022 was reviewed by the Co-ordinate Bench in Review Petition No.58 of 2023 and the abovesaid order was recalled subsequently on 14.06.2023 and the LPA No.13 of 2022 was restored/revived to its original position which is also listed before this Court.

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Keeping in view the above, we are of the considered opinion that since the order under review itself was based upon the earlier order dated 30.11.2022 passed by the Co-ordinate Bench and

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the said order stands recalled, a good case is made out for review of the order sought.

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Accordingly, Review petitions are allowed. Orders

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dated 03.04.2023 are reviewed. CWP No.1478 of 2023 titled as Keshav Ram and Ors. vs. State of H.P. and Ors. and CWP No. 1480 of 2023 titled as Lobhi Ram vs. State of H.P. and Ors. are restored to their original position.

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They be listed as per roster, before the learned Single Judge on 21.04.2025 for completion of the pleadings by the State.

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( G.S. Sandhawalia ) Chief Justice

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March 20, 2025 ( Ranjan Sharma ) (ankit) Judge

¶25

(ankit)

State of Hp and Others v. Keshav Ram and Others

Case brief

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State of Hp and Others v. Keshav Ram and Others

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