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High Court of Himachal Pradesh · body

2025 DAILYLAW 35357 (HP)

COLLECTOR LAND ACQUISITION v. KARAM SINGH (SINCE DECEASED THROUGH LRs SH. SURENDER KUMAR AND OTHERS)

CMP/26704/2025 · 2025-11-11

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. The Land Acquisition Collector & anr. Vs. Karam Singh (now deceased) through his Lrs. CMP No. 19418 of 2025. 11.11.2025 Present: Mr. Pushpinder Jaswal, Additional Advocate General, for the non-applicants/petitioners. Mr. Surender Verma, Advocate, for the applicant/respondent No.1(a) to 1(e) and proposed respondent No.1(f). CMP No. 19418 and 5152 of 2025 By way of these applications, prayers have been made for recalling order dated 05.07.2018, passed in CMP.M No. 1488 and 1489 of 2017, in terms whereof, the legal representatives of deceased respondent No.1 Karam Singh were brought on record by condoning the delay in filing the application and for impleading Smt. Lata Devi as respondent No.1(f). Learned counsel for the applicants submitted that in terms of the applications earlier decided by the Court, five legal representatives of deceased Karam Singh were brought on record. He further submitted that the legal representatives of deceased Karam Singh in fact were six and not five. One daughter namely Smt. Lata Devi was left out, though her name was duly reflected in the legal heirs certificate. He accordingly submitted that the present application be allowed by recalling order dated 05.07.2018 and by modifying it by observing that besides the five legal representatives brought on record, Smt. Lata Devi be also ordered to be on record in her capacity as the legal representative of deceased Karam Singh. Learned Additional Advocate General submitted that he has no objection to the application save and except that this application is being filed after the decision of the Regular First Appeal. Be that as it may, in light of the averments made in the application, this Court is of the considered view that as Smt. Lata Devi daughter of deceased Karam Singh indeed in her capacity as the legal heir of Karam Singh had a right to be impleaded as a legal representative, this application deserves to be allowed and accordingly, the same is allowed by modifying order dated 05.07.2018 to the extent that in addition to the legal representatives mentioned in the application namely Sh. Surender Kumar, Sh. Ram Singh, Smt. Meena Devi, Smt. Reeta Devi and Smt. Kala Devi, Smt. Lata Devi is also ordered to be impleaded as party respondent to the main lis, as the legal representative of deceased Sh. Karam Singh. Applications stand disposed of accordingly. CMP No. 26704 of 2025 By way of this application, affidavits of the already impleaded legal representatives of late Sh. Karam Singh are appended, with the prayer that they be taken on record, in terms whereof, the legal representatives state that they have no objection if Lata Devi is impleaded as legal representative of deceased Karam Singh. In light of the averments made in the application, the same is allowed. Affidavits appended therewith are taken on record. CMP No. 5153 of 2025 By way of this application, a prayer has been to release the amount deposited before this Court in favour of applicants namely Sh. Surender Kumar and Sh. Ram Singh. Learned counsel for the applicants submitted that the mother and sisters of applicants have relinquished their share in favour of the applicants. He has taken the Court through the affidavits filed by the mother as well as sisters to this effect. Having perused the application and also the affidavits filed by the mother and sisters of the applicants, this application is allowed and disposed of with the direction that the amount which is deposited with the Registry of this Court be released in favour of Sh. Surender Kumar and Sh. Ram Singh in equal shares falling to the share of deceased Sh. Karam Singh along-with up-to-date interest, in their bank accounts, details whereof are mentioned in Paragraph No.5 of the application. Applications stands disposed of accordingly. (Ajay Mohan Goel) Judge November 11, 2025 (Shivank Thakur)