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High Court of Himachal Pradesh · body

2025 DAILYLAW 23800 (HP)

LAND ACQUISITION COLLECTOR H.P.P.W.D. AND ANOTHER v. PRAKASH KAUR AND OTHERS

CMP.M/1717/2024 · 2025-08-20

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LAC and Anr. Vs. Prakash and Ors. CMP(M) No.1746 of 2023 20.08.2025 Present: Mr. B.N. Sharma, Mr. Diwakar Dev Sharma and Mr. Raj Kumar Negi, Addl. Advocates General with Mr. R.P. Singh and Mr. Manish Thakur, Dy. Advocates General, for the applicants/State. Respondent No.1 is stated to have expired. On taking fresh steps within a week, issue notice to respondent No.4, returnable within four weeks thereafter. CMP(M) Nos.1717 and 1718 of 2024 Proposed legal heirs of deceased respondent No.1 proceeded against ex parte, vide order dated 19.12.2024. Respondent No.1 is stated to have died on 31.1.2018. The same is evident from the death certificate appended along with the CMP(M) No.1717 of 2024. The details of legal heirs are given in para 4 of the CMP(M) No.1717 of 2024 and same are strictly in consonance with the legal heir certificate appended along with the application (CMP(M) No.1717 of 2024). The right to sue survives in the said legal heirs of deceased respondent No.1. For the sufficient cause shown in the CMP(M) No.1718 of 2024, delay in bringing on record the legal heirs of deceased respondent No.1 is condoned and abatement, if any, is set aside. Legal heirs of deceased respondent No.1 are ordered to be brought on record. Amended memo of parties be filed on or before the next date of hearing. Applications stand disposed of. (Bipin C. Negi) Judge 20th August, 2025 (Gaurav Rawat)