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High Court of Himachal Pradesh · body

2025 DAILYLAW 32174 (HP)

STATE OF HP AND OTHERS v. VARINDER KUMAR

CMP.M/690/2025 · 2025-10-14

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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The State of H.P. & Ors. vs. Varinder Kumar Item No. D-10 CMP(M) No. 690 of 2025 14.10.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants-appellants. Mr. Ashwani K. Sharma, Sr. Advocate with Mr. Ishan Sharma, Advocate, for the respondents. The application for condonation of delay has been preferred by the applicants-appellants for condoning the delay of 178 days in filing the appeal against the judgment dated 16.07.2024. The application has been opposed by filing reply, wherein it has been mentioned that the applicants have slept over the matter for an inordinate long period of time and now have come with lame excuses. A perusal of the application would go to show that certified copy was given on 04.09.2024 and the matter was then referred to the higher authorities i.e. Additional Chief Secretary (Forest). The opinion of Law Department was taken on 24.10.2024 and the matter was thereafter processed on 07.11.2024 by the Principal Chief Conservator of Forests (HoFF). It has also been mentioned that CWP No. 1346 of 2020, titled as State of H.P. & Ors. vs. Desh Rah alongwith 49 connected matters were disposed off and the Divisional Forest Officer, Palampur was also in the process of preparing draft LPAs in 51 other time bound court cases. Thus, the delay of 178 days in filing the appeal on 25.03.2025 has occurred. Keeping in view the nominal delay and the settled principles of law laid down in Collector, Land Acquisition, Anantnag Vs. Smt. Katiji and others, (1987) 2 SCC 107, that each and every day’s delay is not to be explained and the question of law arising noticed on 23.05.2025 by us, we are of the considered opinion that the application is liable to be allowed as sufficient cause has been made out. Accordingly, the application is allowed and delay in filing the appeal is condoned. Application is disposed off. Appeal be registered. List on 22.11.2025. (G. S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 14th October, 2025 (sanjeev/munish thakur)