Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 1728 (HP)

HP STATE AGRICULTURAL MARKETING BOARD AND ANR v. RAI SINGH DIWAN (deceased) through his LRs AND ORS

CMP/3680/2026 · 2026-04-22

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HP State Agriculture Marketing Board and Anr. vs. Rai Singh Diwan (deceased) through his LRs & Ors. RFA No.94 of 2025 22.04.2026 Present: Ms. Meenakshi Sharma and Ms. Kiran Lata Sharma, Advocates, for the appellants. Mr. Mohinder Verma, Advocate, for respondents No.1 to 3. Mr. B.N. Sharma, Mr.Manoj Chauhan and Mr. Raj Kumar Negi, Additional Advocates General with Mr. Ankush Thakur, Ms. Archna Negi and Mr. Balvinder Singh Ballu, Deputy Advocates General, for respondents No. 4 to 6/State. Mr. Paras Dhaulta, Advocate vice Mr. Raman Jamalta, Advocate, for respondent No.7. CMP No.3680 of 2026 The instant application has been filed on behalf of applicants/respondents No.1 to 3, namely, Murat Singh, Prem Singh and Divender Singh, for release of award amount in their favour, as per their shares, as lying deposited in the Registry of this Court. As per the applicants, they are in need of the decretal amount so that they may be able to utilize the same for development of the property in suit as they are already suffering huge and irreparable loss on account of loss caused by the non-applicants to their land; and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, their prayer for release of amount of compensation, as lying deposited in the Registry of this Court. may be accepted and the amount, as prayed for, may be ordered to be released in their favour. Reply to the application stands filed, wherein, non- applicants/appellants, have opposed the application on the ground that if the amount, as prayed, is released in favour of the applicants/respondents No.1 to 3, it would be difficult for them to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. . Heard. Having perused the averments made in the application, which are duly supported with the affidavits of all the applicants and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 25% each of the award amount of compensation in favour of applicants/respondent No.1 to 3, namely, Murat Singh, Prem Singh and Divender Singh, after proper verification and identification by remitting the same to their saving bank accounts, detail whereof has been given copies of bank accounts of each of the applicants attached with the application as Anexure A-1 to A-3. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, namely, Murat Singh, Prem Singh and Divender Singh, will have to refund the amount, so released, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge April 22, 2026 (reena)