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High Court of Himachal Pradesh · body

2025 DAILYLAW 2632 (HP)

STATE OF HP AND OTHERS v. Ajay Singh Thakur

CMP.M/2326/2025 · 2026-01-07

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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State of Himachal Pradesh and others vs. Ajay Singh Thakur CMP(M) No.2326 of 2025 Item No. D-9 07.01.2026 Present: Ms. Priyanka Chauhan, Deputy Advocate General, for the applicants/appellants-State. Mr. Anshul Jairath, Advocate, for the respondent. Caveat Pet. No.666 of 2025 Mr. Anshul Jairath, Advocate, appears on behalf of the caveator. Accordingly, the caveat stands discharged. The petition stands disposed of. CMP(M) No.2326 of 2025 The application for condonation of delay of 155 days has been filed against the judgment dated 24.03.2025. Since counsel for the caveator is already appearing, we are of the considered opinion that sufficient cause has been shown, as after the delivery of the certified copy of the order on 20.05.2025, which had been attested on 17.05.2025, the same was sent to the concerned Superintending Engineer, Jal Shakti Circle, Shimla-09. Thereafter, action was taken on 15.07.2025 by the Executive Engineer, Jal Shakti Division No. 1, Kasumpti, Shimla, and the matter was forwarded vide letter dated 17.07.2025. The advice to file the LPA was given on 07.11.2025, which was duly done on 18.11.2025. Therefore, it is a settled principle that the State is always handicapped in filing appeals within the prescribed period, and if there is no lethargy or negligence, the delay is liable to be condoned. Application stands disposed of. LPA No.__________ of 2026. Appeal be registered. To come up on 08.04.2026. ( G.S. Sandhawalia ) Chief Justice January 07, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge