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2025 DAILYLAW 29587 (HP)

NETAR SINGH (DECEASED THROUGH LRs SANGLA DEVI AND OTHERS) v. THE STATE OF HP AND OTHERS

CWP/17005/2025 · 2025-10-31

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17005 of 2025 Decided on 31st October, 2025 Netar Singh …Petitioner Versus State of H.P. and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner : Mr. Neeraj Maniktala, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. In light of the controversy involved in this petition, the same is being disposed of at this stage itself. 3. The petitioner is aggrieved by order dated 16.10.2025 (Annexure P-5), passed by learned Divisional Commissioner, Shimla, in terms whereof, restoration application filed by the petitioner herein for restoration of his appeal has been dismissed by the Authority. 2 4. Having heard learned Counsel for the petitioner as well as learned Additional Advocate General and having perused the impugned order, this Court is of the considered view that there is no infirmity therein. Learned Counsel for the petitioner could not dispute that after the dismissal of the appeal, earlier also a restoration application was dismissed for non prosecution, hence, learned Divisional Commissioner rightly rejected the subsequent application filed by the petitioner for restoration of the appeal. Therefore, as already observed hereinabove, this Court does not find any infirmity in the impugned order. However, in the interest of justice, just to give an opportunity to the petitioner to put forth his case on merit, this Court is showing indulgence, subject to payment of cost of Rs.20,000/- by the petitioner, which shall be deposited with “Chief Justice Disaster Relief Fund, 2025”, within a period of three weeks from today. In the event of the cost being deposited by the petitioner with “Chief Justice Disaster Relief Fund”, the petitioner shall produce a copy of this order before learned Divisional Commissioner alongwith an acknowledgment demonstrating deposition of the cost and thereafter, learned Divisional Commissioner shall restore the 3 application filed for restoration of the appeal and allow the same and hear the appeal on merit. However, it is clarified that in case cost is not deposited by the petitioner within three weeks from today, then this order will lose its efficacy and the impugned order passed by learned Divisional Commissioner shall govern the field. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 31, 2025 (Vinod)