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2025 DAILYLAW 20217 (HP)

ISHWAR DASS AND OTHERS v. ONKAR CHAND SHARMA AND OTHERS

COPC/619/2024 · 2025-03-06

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.619 of 2024 Date of Decision: 06.03.2025 _______________________________________________________ Ishwar Dass and others …….Petitioners Versus Onkar Chand Sharma & others … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Sahil Thakur, Proxy counsel vice Mr. Sanjay Bhardwaj, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. _______________________________________________________ Sandeep Sharma, Judge(oral): Pursuant to order dated 24.12.2024, Mr. Shashi Pal Dhiman, Executive Engineer, B&R Division, Arki and Mr. Tribhuvan Sharma, Land Acquisition Collector, Arki, District Solan, Himachal Pradesh, have come present. They state that on account of miscommunication, mandate contained in the judgment alleged to have been violated could not be implemented within stipulated time. While fairly admitting factum with regard to dismissal of LPA filed by the Department against the judgment alleged to have been violated, afore officers state that matter stands submitted to the Government for further direction. Since, it is not in dispute that judgment alleged to have been violated has attained finality, coupled with the fact that time 1Whether the reporters of the local papers may be allowed to see the judgment? 2 granted by this Court to implement the judgment already stands expired, this Court sees no reason to grant further time, but by way of indulgence and on the vehement request of aforesaid officers, further four months time is granted to complete the acquisition process in terms of the judgment alleged to have been violated. 2. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly same are closed. Notices issued to the respondents are hereby discharged. However, respondents are directed to complete the acquisition process within a period of four months. Petitioners are at liberty to get the present proceedings revived in case respondents fail to do the needful within the time stipulated by this Court, so that appropriate action, in accordance with law is taken against the erring officials. (Sandeep Sharma), Judge March 06,2025 (shankar)