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2025 DAILYLAW 36120 (HP)

HITENDER R.DULTA AND OTHERS v. STATE OF HP AND OTHERS

CMP/32075/2025 · 2025-12-30

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2025

Judgment text

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Hitender R. Dulta and Others Vs. State of Himachal Pradesh & Others. Item No. (D-20) CMP No.32075 of 2025 30.12.2025 Present: Mr. Virbahadur Verma and Mr. Mukul Sharma, Advocates, for the applicants-appellants. Ms. Priyanka Chauhan, Deputy Advocate General, for the respondents-State. Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sparsh Bhushan, Advocate, for respondents No.3 to 49. CMP No.32075 of 2025 and CMP(M) No.2417 of 2025 The present application under Section 151 CPC has been filed for seeking leave to appeal against the judgment dated 10.09.2024, passed by the learned Single Judge in CWP No.7515 of 2024 titled Poornima Kumari and Others Vs. State of H.P. and another alongwith an application for condonation of delay of 446 days in filing the appeal on the ground that they were not arrayed as party before the learned Single Judge. 2. Reliance has been placed upon the grant of leave in identical situation against the same judgment out of which now LPA No.761 of 2025 titled Anil Kumar Vs. State of Himachal Pradesh and Others is already pending. 3. Accordingly, Mr. Sanjeev Bhushan, learned Senior Counsel is already appearing for the respondents in the said appeal. 4. Issue Notice. Mr. Sparsh Bhushan, learned counsel, appears and waives service of notice on behalf or respondents No.3 to 49 respectively. 5. Resultantly, for the reasons given in the earlier orders dated 28.10.2025 and 09.12.2025 in LPA No. 761 of 2025 titled Anil Kumar Vs. State of Himachal Pradesh and Others, the delay of 446 days in filing the appeal is condoned. 6. The application bearing CMP(M) No.2417 of 2025 stands disposed off accordingly. 7. No further order shall be liable to be passed in CMP No.32075 of 2025 as stay has already been granted. LPA No. 928 of 2025 8. To be heard alongwith LPA No.761 of 2025 titled Anil Kumar Vs. State of Himachal Pradesh and Others on 12.03.2026. 9. Mr. Mohit Thakur, learned counsel for the appellant in LPA No. 761 of 2025 titled Anil Kumar Vs. State of Himachal Pradesh and Others has also given the detail of another LPA bearing LPAST No.70011 of 2025 titled Dhananjay Saini and Others Vs. State of Himachal Pradesh and Others, which has been filed against the said judgment dated 10.09.2024. Office to trace and tag the same. 10. Accordingly, the proceedings are deferred for 12.03.2026. (G.S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 30th December, 2025 (Munish Thakur)