12026:HHC:6721 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CR No. 160 of 2025 Decided on: 9.3.2026 Collector Mandi & anr. … Petitioners Versus Parma Nand & ors. …Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioners: Mr. Mohinder Zharaick, Addl. A.G. For the Respondents : Mr. Sanjeev Kuthiala, Senior Advocate, assisted by Ms. Tamanna Sharma and Ms. Sana Rana, Advocates, for respondents No. 1 to 11. Mr. Aman Sood, Advocate, for respondents No. 12 and 13. Mr. Bharat Bhushan, Senior Panel Counsel, for respondents No. 14 and 15. Virender Singh, Judge (oral) CMP(M) No. 1774 of 2025 By way of present application, indulgence of this Court has been sought to condone the delay of 397 days, in filing the accompanying petition. 22026:HHC:6721 2. Delay, as per the applicant, is attributed to the fact that before filing the petition, the same has to be dealt with, at various levels. The application is duly supported by an affidavit of the Collector, Mandi, District Mandi, H.P. 3. Although, the application has been contested by the learned counsel for the non-applicants by tooth and nail, yet, keeping in view the factual position of the matter, this Court is of the view that the application should be decided on merit and not on the basis of technicalities. Consequently, the present application is allowed and delay in filing the present petition is ordered to be condoned. The application is, thus, disposed of. C.R. No. 160 of 2025 4. By way of the instant Civil Revision, the petitioners have assailed order dated 19.9.2023, passed by the Court of learned Civil Judge, Court No. 2, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No. 4-1/2021, titled as, ‘Param Nand & ors. vs. Collector, Mandi, District Mandi, H.P.& 32026:HHC:6721 ors.’, whereby the right of defendants No. 1 and 2, to file the written statement, has been struck off. 5. After hearing learned counsel for the parties, this Court is of the view that although, ample opportunities have been given to the petitioners to file written statement, and despite various opportunities, they could not file the written statement, however, the petitioners- State have every right to file the written statement and the same cannot be denied, merely on the ground that the same has not been filed, despite last opportunity. 6. Considering the true import of the procedural law, in the considered opinion of this Court, the ends of justice would be met, in case, one opportunity is given to the petitioners to file written statement. Ordered accordingly. 7. In view of above, the present petition is allowed and order 19.9.2023, passed by the learned trial Court is set aside and the petitioners are permitted to file written statement. It is made clear that no further opportunity shall be given to the petitioners to file the written statement. 42026:HHC:6721 8. Parties are directed to appear before the learned trial Court, on 10.4.2026. Written statement, if any, shall be filed, within seven days, thereafter. 9. The pending application(s), if any, are also disposed of. (Virender Singh) 9.3.2026 Judge Kalpana