State of HP & Anr. vs. M/s R.D. Enterprises & Anr. CMP(M) No. 1664 of 2025 Item No. D-17 28.10.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants- State. CMP(M) No. 1664 of 2025 Keeping in view the averments made in the application, duly supported by an affidavit of Deputy Commissioner of State Taxes and Excise, District Sirmour at Nahan, Himachal Pradesh, delay of 142 days’ in filing the Appeal is condoned. The application stands disposed of. Appeal be registered. LPA No. 754 of 2025 and CMP No. 25842 of 2025 Learned counsel for the appellants-State submits that apparently there was a provision to recover the amount as arrears of land revenue which has also been accepted by the learned Single Judge. It is thus submitted that an amount of 40,00,000/- had been ₹ deposited in an FDR, photocopy (Annexure P-5) of the same has been given to the authorities concerned. It has also been noticed that there was a loss to the State to the tune of 1,23,50,100/-, on account of ₹ the re-auction having been done and therefore, a sum of ₹7,39,570/- and 4,78,740/-, deposited as earnest money ₹ has also been forfeited. It is thus, submitted that the learned Single Judge was not justified in entertaining the writ petition and directing the bank to consider and decide the prayer for cancellation of FDR strictly in terms of the banking rules without being influenced by the instructions issued by the appellants-State. Let notice be issued to the respondents returnable for 02.12.2025 on taking steps within a week. In the meantime, operation of the judgment shall remain stayed. If the amount has not been refunded to the writ petitioner by the bank, it shall continue to hold the FDR. ( G.S. Sandhawalia ) Chief Justice 28th October, 2025 ( Jiya Lal Bhardwaj ) (Anurag) Judge