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High Court of Himachal Pradesh · body

2025 DAILYLAW 13577 (HP)

COLLECTOR LAND ACQUISITION v. NAGESHWARI DEVI

CMP/12384/2025 · 2025-06-02

Bipin Chander Negi

body2025

Judgment text

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LAC HPPWD vs. Nageshwari Devi (deceased) through LRs CMP Nos. 12384 & 12385 in RFA No. 289 of 2015 02.06.2025 Present: Mr. R.P. Singh, Deputy Advocate General, for the appellant. Mr. Suneet Verma, Advocate, for the respondents. CMP No. 12384 of 2025 The appeal in the case at hand was decided on 26.7.2018. Subsequent thereto on 21.3.2025, sole respondent stated to have died. The present application has been filed on behalf of the legal heirs of deceased sole respondent, details whereof have been given in para 2 of the application. The right to sue survives in the legal heirs of deceased sole respondent. In view thereof, the present application is allowed and the name of sole respondent i.e. Nageshwari Devi is ordered to be deleted and henceforth the name of LRs of deceased respondent as detailed in para 2 be reflected in the cause title. Amended memo filed alongwith the application is ordered to be taken on record. The application stands disposed of. CMP No. 12385 of 2025 No reply is intended to be filed on behalf of the non- application. The non-applicant has no objection, if in case the applicant is allowed. Judgment in the case at hand was passed by the Coordinate Bench on 27.7.2018. No further proceedings are pending adjudication before the Apex Court. Other than the aforesaid, for the reasons started in the application, the same is allowed and the amount lying deposited in the Registry of this Court alongwith proportionate interest accrued thereupon, is ordered to be released in favour of the legal heirs of deceased respondent No.1. Each legal heirs are entitled to 1/3rd share of what was due and payable to their predecessor-in-interest alongwith proportionate interest accrued thereupon. The amount be remitted to their bank accounts, details whereof have been given in para 4 of the application subject to proper verification of their identifies. The application stands disposed of. (Bipin C. Negi) Judge July 02, 2025 tarun