2025:HHC:3758 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMP(M) No.2084 of 2024 Decided on:25.02.2025 __________________________________________________________ State of Himachal Pradesh & ors. ...Applicants- Appellants Versus Prem Lal & anr. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? For the appellants: Mr. Pranay Pratap Singh, Additional Advocate General. G.S. Sandhawalia, Chief Justice [Oral] CMP(M) No.2084 of 2024 Keeping in view the averments made in the application duly supported by an affidavit, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, the delay of 96 days in filing the appeal is condoned. Appeal be registered. The application stands disposed of. LPA No.53 of 2025 The sole argument which has been raised by the learned counsel for the State while raising challenge 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:3758 - 2 - to the order passed by Learned Single Judge in Civil Writ Petition No.4360 of 2020, titled as Prem Lal & anr. versus State of Himachal Pradesh & ors. is that learned Single Judge has not specified exactly as to which of the land is to be acquired, which was utilized for the purpose of construction of the road by the State. 2. Learned counsel for the State has pointed out that specific case of the land owners is that land bearing Khata-Khatauni No.16, Khasra Nos.166 and 169, situated at Mohal Salwana, Tehsil Sundernagar, District Mandi, Himachal Pradesh has been used for construction of road namely Jarol to Behna via Salwana. 3. It is contention of the State Counsel that specific case of the petitioners in the relief clause was with reference to both Khasra Nos.166 & 169. It is further contention of learned State Counsel that specific plea was taken in paragraph 5 of the writ petition that only Khasra No.166 to the extent of 0-15-00 Bigha has been utilized as per the report R-1, dated 03.03.2022 and it was specifically mentioned that land falling in Khasra No.169 has not been utilized as per averments made in paragraph 2(a). 2025:HHC:3758 - 3 - 4. We have gone through the report R-1 which specifically mentioned that no road has been constructed on Khasra No.169. 5. The judgment to that extent mentions the fact as such of the objection of the State that portion of Khasra No.166 has been utilized and also the fact that the land falling in Khasra No.169 has not been utilized as per averments made in paragraph 3 of the writ petition, but while disposing of the writ petition, the said aspect has not been kept in mind. 6. Accordingly, we dispose of the present appeal with liberty to the State to file Review Application before the Learned Single Judge for clarification/ modification/rectification of the order as noticed above. Pending miscellaneous application(s), if any, shall stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge February 25, 2025 [Shivender/Himani]