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2019 DAILYLAW 2151 (HP)

Ram Kali v. STATE OF HP

CMP-T/16/2026 · 2026-01-08

Ranjan Sharma

body2019

Judgment text

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Ram Kali versus State of Himachal Pradesh and others CWPOA No.6583 of 2019 08.01.2026 Present: Mr. R.L Chaudhary, Advocate, for the petitioner. Mr. Amit K. Chaudhary, Deputy Advocate General, for the respondents-State. C.M.P.T No.16/2026 The petitioners have filed instant application seeking amendment of the prayer clause for seeking quashing of Annexure A-7 dated 20.10.2012 and Annexure A-8 Office Memorandum dated 06.02.2014, which are already on record. 2. Upon listing of this application, Learned State Counsel waives notice for the respondents on this application. 3. Perusal of the application indicates that the petitioners are praying for quashing of Annexure A-7 dated 20.10.2012 and Annexure A-8 dated 06.02.2014, which are already part of the writ records. Learned Counsel further states that during the course of arguments, it transpired that the aforesaid documents were not specifically questioned, which, and in absence of questioning of the aforesaid documents, prayer for quashing the recovery based on said documents, may have been adversely affected. Application is supported by an affidavit. 4. Learned State Counsel opposes the application on the ground that the petitioner have slept over the rights by not seeking the quashing of Annexure A-7 and Annexure A-8 and therefore the application may not be allowed. 5. Taking into account the entirety of the facts & circumstances, this Court is of the considered view that once the documents Annexure A-7 dated 20.10.2012 and Annexure A-8 dated 06.02.2014 are already on record and no prejudice shall be caused to the State in case the prayer clause to the aforesaid extent is allowed. In these circumstances, the application is allowed and the prayer for seeking quashing of Annexure A-7 dated 20.10.2012 and Annexure A-8 Office Memorandum dated 06.02.2014 is granted. Application stands disposed of. CWPOA No.6583 of 2019 Response to the amended writ petition, if any, be filed within four weeks. List thereafter. (Ranjan Sharma) Judge January 08, 2026 (meera)