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High Court of Himachal Pradesh · body

2025 DAILYLAW 30767 (HP)

STATE OF HP AND OTHERS v. KULTAR CHAND AND ANOTHER

CMP.M/740/2025 · 2025-10-13

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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State of HP and others vs. Vijay Kumar and other connected matters CMP(M) No. 2126 of 2024, alongwith CMP(M) Nos. 100, 110, 123, 132, 152, 154, 156 to 160, 240, 688, 689, 691, 740, 746, 786, 787, 1106, 1256, 1300, 1302, 1390, 1391, 1491, 1306 and 1501 of 2025 and LPA No. 611 of 2025 Item Nos. D-1 CMP(M) No. 2126 of 2024 13.10.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants/ respondents-State. Mr. Vijay Bir Singh, Advocate, for the respondent. CMP(M) Nos. 100, 123, 154, 156, 159, 240, 689, 740 & 787 of 2025 Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants/ respondents-State. Mr. Umesh Kanwar, Advocate, for the respondent. CMP(M) Nos. 157, 158 and 160 of 2025 Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants/ respondents-State. Mr. Amrit Advocate, for Mr. Sanjeev Sood and Mr.Vivek Thakur, Advocate, for the respondents. CMP(M) Nos. 110, 132, 152, 154 & 156 of 2025 Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants/ respondents-State. Mr. Amrit Advocate, for Mr. Sanjeev Sood and Mr.Vivek Thakur, Advocate, for the respondents. CMP(M) Nos. 688 of 2025 As per office report, steps for bringing on record LRs of deceased respondent No. 1, namely, Mouji Ram have not been taken. Steps be taken by the State to bring on record the LRs of deceased respondent No. 1, namely, Mouji Ram, within a week. CMP(M) Nos. 1106, 1300 and 1391 of 2025. As per office report, respondents were not served in CMP(M) Nos. 1106, 1300 and 1391 of 2025. State to take steps for the service of respondents in CMP(M) Nos. 1106, 1300 and 1391 of 2025, within a week. CMP(M) No. 746 of 2025 Issue Notice. Mr. Umesh Kanwar, learned counsel, appears and waives service of notice on behalf of respondents. CMP(M) No. 1491 of 2025 Issue Notice. Ms. Pallvi Sharma, learned counsel, appears and waives service of notice on behalf of respondents. CMP(M) No. 2126 of 2024, alongwith CMP(M) Nos. 100, 110, 123, 132, 152, 154, 156 to 160, 240, 688, 689, 691, 740, 746, 786, 787, 1106, 1256, 1300, 1302, 1390, 1391, 1491, 1306 and 1501 of 2025 Replies to applications under Section 5 of Limitation Act for condonation of delay have been filed in CMP(M) No. 2126 of 2024, alongwith CMP(M) Nos. 100, 123, 152, 157 to 160, 240 of 2025. The appeals are barred from period ranging from 144 to 447 days against the common judgment dated 01.05.2024, whereby as many as 49 cases were disposed of. Keeping in view the fact that in LPA No. 611 of 2025, delay of 89 days has already been condoned on 01.09.2025, which was arising out of order dated 03.12.2024 passed in CWP No. 822 of 2017. The dispute involved in LPA No. 611 of 2025, pertains to the same issue regarding the Indo German Changer Project Palampur, and the reinstatement to the said project is stated to have been made which has been closed on 31.03.2006. Interim orders to continue. Keeping in view the averments made and the legal issue which has arisen in all these appeals, we deem it fit to condone the delay in all the cases, so that the matter can be heard on merits and the scope for contradictory orders also would not arise as common issues arise and the matters were also disposed by a common order. Accordingly, all the above- mentioned applications stand disposed of. All the appeals be registered and list on 25.11.2025. ( G.S. Sandhawalia ) Chief Justice 13th October, 2025 ( Jiya Lal Bhardwaj ) (Anurag) Judge