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High Court of Himachal Pradesh · body

2025 DAILYLAW 34919 (HP)

NHAI v. PREM LAL

OMP/1575/2025 · 2025-12-15

Jyotsna Rewal Dua

body2025

Judgment text

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NHAI Vs. Prem Lal and Others OMP(M) No.92 of 2024 15.12.2025 Present: Ms. Sneh Bhimta, Advocate, for the applicant/appellant. Mr. Yuyutsu Singh Thakur, Advocate, for respondent No.7. OMP No.1575/2025 in OMP(M) No.92/2024 Appellant-applicant has moved this application for effecting service upon respondent No.4(c) Smt. Kanta Devi D/o late Sh. Durgu by way of substituted mode of service through publication. The application is with the averments that legal representatives of deceased respondent No.4 were to be served on the available address of deceased respondent No.4. Consequently, respondents No.4(a), 4(d), 4(e) and 4(f) were served, who are sons and grand-sons of deceased respondent No.4. 2. Notice for service of respondent No.4(c)-D/o deceased respondent No.4, was received by her brothers i.e. respondent No.4(a)/4(d), but refused to accept it by stating that she is married and currently residing in her in-law’s house. 3. Learned counsel for the applicant submits that brothers of respondent No.4 (c) despite request, have not obliged with address of respondent No.4(c), necessitating moving of this application. 4. In view of above, I am inclined to accept the reasoning given by the applicant, seeing service of respondent No.4(c) by way of publication. Accordingly, the application is allowed. Respondent No.4(c) be served through publication in two newspapers having wide circulation in the area concerned as empanelled with the Registry. Necessary charges be deposited within two weeks. Notice be issued to respondent No.4(c), returnable within six weeks. Application to stand disposed of. OMP(M) No. 92 of 2024 5. Learned counsel for respondent No.7 states that despite his efforts, he has not been in a position to gather the address of respondent No.4(b). Learned counsel for the applicant seeks and is allowed two weeks’ time to take steps for service of respondent No.4(b). List after six weeks. Jyotsna Rewal Dua Judge December 15, 2025 (R.Atal)