KALI RAM CHAUHAN AND OTHERS v. STATE OF HP AND OTHERS
CMP.M/1730/2024 · 2026-09-01
Chirag Bhanu Singh, Gurmeet Singh Sandhawalia
body2024
DailyLaw.ai
[ 2024 DAILYLAW 906 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 906 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No. D-9 Kali Ram Chauhan & Ors. vs. State of H.P. & Ors. CMP(M) No. 1730 of 2024 01.09.2026 Present: Mr. Sanjay Kumar Sharma, Advocate, for Mr. Mohan Singh, Advocate, for the applicants. Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No. 1 to 4-State. Ms. Sikha Chauhan, Advocate, for respondent No. 5. The present application has been filed for condonation of delay of 160 days as per the application and 203 days as per office report, in filing the appeal filed against the order dated 21.12.2023, passed in CWP No. 5434 of 2023, titled as Om Prakash Chauhan vs. State of H.P. & Ors., which was filed by Om Prakash, who is respondent No. 5 herein. 2. The reason given in the application is that the application for impleadment in the writ petition had been dismissed and the applicant is an old man of 77 years. He had approached the Apex Court and the lawyer therein had advised him to approach this Court by filing an application seeking leave to appeal, being an aggrieved person. The certified copy of judgment was then applied on 21.05.2024, which was prepared on the same day and delivered on 13.06.2024 and accordingly, the appeal was filed on 12.07.2024. The medical prescription slips have also been appended with the application. 3. The application has been opposed by filing reply by respondent No. 5 on the ground that the application for arraying them as party-respondents was
2 dismissed on 20.12.2023 and other litigation was also initiated as such. It has been further averred that the delay of 160 days has not been explained and each and every day’s delay has to be explained. 4. Keeping in view the above, since the petitioner had been also agitating before the learned Single Judge and had filed an application for impleading him as party-respondent, which had been dismissed, we are of the considered opinion that for the settled principles of law laid down in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and others, (1987) 2 SCC 107, each and every day’s delay is not to be explained and, thus, the application is liable to be allowed as sufficient cause has been made out. Accordingly, the application is allowed and delay in filing the appeal is condoned. The application stands disposed off. CMP No. ______ of 2026
6.
To come up for consideration on the application of leave to appeal, on 27.10.2026. (G. S. Sandhawalia)
Chief Justice
(Chirag Bhanu Singh)
Judge 1st September, 2026(sanjeev)