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High Court of Himachal Pradesh · body

2025 DAILYLAW 15719 (HP)

BIMLA DEVI (DECEASED THROUGH LRs RAJNEESH SHARDA AND OTHERS) v. COLLECTOR LAND ACQUISITION AND OTHERS

CMPMO/922/2019 · 2025-09-05

Bipin Chander Negi

body2025

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.922 of 2019 Date of Decision : 05.09.2025 Bimla Devi (deceased) through her legal heirs …… Petitioners Versus The Land Acquisition Collector (Railways) Una and others ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Petitioners : Mr. Tarun K. Sharma, Advocate. For the Respondents : Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 and 3/State. Mr. Bharat Bhushan, Senior Panel Counsel, for respondent No.2. Mr. Ashok Kumar Sood, Senior Advocate with Mr. Rajat Kumar, Advocate, for respondents No.4 to 6. Bipin Chander Negi, Judge (oral) By way of present petition, a challenge has been laid to impugned order dated 30.08.2019, whereby an application filed on behalf of respondents No.4 to 6 for being impleaded in Land Reference Petition No.48 of 2009, has been allowed. 2. Heard learned counsel for the parties. Perused the impugned order and the documents appended along-with present petition. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. Learned Senior Counsel appearing on behalf of respondents No.4 to 6 has drawn the attention of this Court to a case reported in 2015 (3) Shim. LC 1306 titled Sh. Medha Brat and another vs. Land Acquisition Collector (RLY) Una and others. 4. From a perusal of the judgment to which reference has been made (supra), it is evident that previously an application for impleadment in a pending Land Reference Petition No.48 of 2009 had been dis-allowed by the Reference Court. Feeling aggrieved of the same, petitioners in Medha Brat (supra) had preferred an appropriate proceeding before the Hon’ble High Court. Vide the judgment referred to herein (supra), the application for impleadment in the present petition was allowed and the impugned order passed by the Reference Court dis-allowing the application under Order 1 Rule 10 of the Civil Procedure Code had been quashed and set aside. The present proceedings also arise out of Reference Petition No.48 of 2009. 5. In view of the aforesaid position of law, I see no reason to interfere with the impugned order dated 30.08.2019. The present petition, being devoid of merit, is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. 6. The parties are directed to appear before the Reference Court on 26.09.2025. (Bipin Chander Negi) September 05, 2025 (KS) Judge