Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 3221 (HP)

PRAKASH CHAND v. STATE OF HP AND ORS

CMP.M/2146/2025 · 2026-07-02

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Prakash Chand vs. State of H.P. and others CMP(M) No. 2146 of 2025 [Item D-8] 02.07.2026 Present: Ms. Ambika Kotwal, Advocate, for the applicant. Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No. 1 & 4. Mr. Dinesh Thakur, Advocate, for respondent No.5. CMP(M) No. 2146 of 2025 This application has been for condonation of delay of 11 days in filing the appeal against the judgment of the learned Single Judge dated 8th July, 2025 passed in CWPOA No. 4315 of 2019 titled as Prakash Chand vs. State of H.P. and others, and it has been reported that the delay is of 98 days. Respondents No. 2 & 3 have not put in appearance despite service and, accordingly, are proceeded against ex parte. The delay has been opposed on behalf of respondents No. 1 & 4/State on the ground that there is no proof of admission in the hospital due to brain surgery. Keeping in view the averments made in the application, duly supported by an affidavit of the applicant 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, we are of the considered opinion that delay is liable to be condoned. Resultantly, the delay in filing the appeal is condoned. Application stands disposed of. LPA No. ______ of 2026 Be registered. Notice. Mr. Priyanka Chauhan, learned Additional Advocate General and Mr. Dinesh Thakur, Advocate, appear and waive service of notice on behalf of respondents No. 1 & 4 and respondent No.5, respectively. On taking steps within one weeks, issue notice to respondents No. 2 & 3, returnable for 13th August, 2026. List on 13th August, 2026. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 02nd July, 2026 (Tarun Singh)