STATE OF HP AND OTHERS v. OM PRAKASH NOW DECEASED THROUGH HIS LRS UMA DEVI AND ANOTHER
CMP.M/747/2025 · 2025-06-28
Gurmeet Singh Sandhawalia, Ranjan Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14352 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14352 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No. D-4
State of HP and others vs. Om Prakash
(now deceased) through his LRs Smt. Uma
Devi and another
CMP(M) No. 747 of 2025
28.06.2025 Present: Mr.Anup Rattan, Advocate General with Mr.Arsh Rattan, Deputy Advocate General, for the applicants/appellants.
CMP No. 14695 of 2025
This application has been filed by the State for bringing on record the legal representative of deceased sole respondent, who has expired on 27.11.2024. Death certificate as well as legal heir certificate of the deceased respondent are also placed on record. Therefore, the legal heirs mentioned in paragraph 5 of the application are permitted to be brought on record as party respondents. The application stands disposed of.
CMP(M) No.747 of 2025
The counsel for the State submits that the relief has been granted by the learned Single Judge by noting that the stay had not been granted by the Apex Court in the appeals filed against the judgment of the Division Bench in CWP No.2274 of 2021 titled Satya Devi and others vs. State of H.P and others, decided on 28.05.2024.
It has been put to notice that at subsequent date, the Apex Court has now granted stay against the decisions passed thereafter by this Court. Similar matter being LPA No.228 of 2025 is stated to be pending before this Court.
Accordingly, for the reasons stated in the application, duly supported by affidavit, we condone the delay of 114 days’ in filing the appeal against the order dated 14.11.2024 passed by the learned Single Judge in CWP No.12832 of 2024. The application stands disposed of.
LPA No.332 of 2025 & CMP No.14696 of 2025
Notice be issued to the respondents. Liberty is given to serve dasti.
To be listed alongwith LPA No. 228 of 2025 on
02.07.2025.
In the meantime, operation of the impugned judgment dated 14.11.2024 shall remain stayed.
( G.S. Sandhawalia )
Chief Justice
28th June, 2025 ( Ranjan Sharma )
(priti)
Judge