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2025 DAILYLAW 26032 (HP)

STATE OF HP AND OTHERS v. RAM PRAKASH

CMP.M/2004/2024 · 2025-03-19

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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( 2025:HHC:6730 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMP(M) Nos.2004 of 2024 & LPA No.103 of 2025 CMP(M) No. 1968 of 2024 & LPA No.104 of 2025 CMP(M) No. 2124 of 2024 & LPA No.102 of 2025 Decided on: 19th March, 2025 ____________________________________________________ CMP(M) No. 2004 of 2024 & LPA No. 103 of 2025 State of HP and others ....Applicant/Appellant Versus Ram Prakash ….Respondent CMP(M) No.1968 of 2024 & LPA No. 104 of 2025 State of HP and others ....Applicant/Appellant Versus Sheesh Ram ….Respondent CMP(M) No.2124 of 2024 & LPA No. 102 of 2025 State of HP and others ....Applicant/Appellant Versus Ranveer and others ….Respondent ________________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - For the Applicant/Appellant: Ms. Priyanka Chauhan, Deputy Advocate General, in all the Appeals. For the respondents: Ms. Anchal Harish, Proxy counsel, for the respondents in CMP(M) Nos. 1968 and 2124 of 2024. G.S. Sandhawalia, Chief Justice (Oral) The present set of Appeals arise out of common judgment passed in lead case bearing No. CWP No. 3139 of 2023 titled Ram Prakash and others vs. State of H.P and others, alongwith connected matters, decided on 16.03.2024. 2. Sum and substance of the judgment is that the learned Single Judge directed the respondents to initiate acquisition proceedings within four weeks under the relevant statute vis-à-vis the land of the petitioners keeping in view the fact that the land has been utilized for the construction of road namely “Jabal to Jai Nagar via Ukhoo, Tehsil Ramshehar, District Solan”. 3. The State had raised challenge to said judgment by firstly filing CMP(M) No.1921 of 2024 and LPA No.438 of 2024 titled as State of H.P & Ors. vs. Shiv Ram and the said LPA was dismissed on 06.12.2024. Similarly another CMP(M) No.2006 of 2024 and LPA No.485 of 2024 titled State of H.P and Ors. vs. Siri Ram and Ors., - 3 - against the same judgment was also dismissed on 21.12.2024 by the co-ordinate Bench. 4. In Siri Ram case bearing LPA No. 485 of 2024, the petitioner has also filed against COPC 620 of 2024 titled as Siri Ram and Ors. vs. Onkar Chand Sharma and Ors., which was also disposed of on 25.02.2025, whereby the State has undertaken to comply with the said judgment keeping in view the dismissal of the LPA within three months. In such circumstances, we do not find any reason how similarly situated persons aggrieved by the same cause of action for the construction of same road and beneficiary of the same judgment can be put up in different categories. 5. Once the coordinate Bench has already affirmed the order of the learned Single Judge, which is subject matter of challenge, we do not find any plausible reason as such, to take a different view and therefore, we dismiss the appeals after condoning the delay in the filing the present appeals by the State. 6. Pending applications, if any, also stand disposed of. ( G.S. Sandhawalia ) Chief Justice 19th March, 2025 ( Ranjan Sharma ) (priti) Judge