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2025 DAILYLAW 4338 (HP)

STATE OF HP AND ORS v. Nishant Dabra AND ORS

CMP.M/1792/2025 · 2026-08-13

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2025

Judgment text

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Item No.D-7 State of HP and others vs. Nishant Dabra and others CMP(M) No.1792 of 2025 13.08.2026 Present: Mr. P.P. Singh, Additional Advocate General, for the applicants-appellants-State. Mr. Surender Kumar Sharma, Senior Advocate with Mr. Neeraj Sharma, Advocate, for respondent No.1. The present application has been filed for condonation of delay of 252 days in filing the present appeal, which has been filed against the impugned judgment dated 24.09.2024, passed in CWP No.8957 of 2023, titled Nishant Dabra vs. State of H.P. The copy of the said judgment was applied on 04.10.2024 and attested on 07.12.2024. The copy was received by respondent No.2 through the Office of Advocate General, on 18.12.2024 and subsequently the necessary directions were given to assail the judgment. Thereafter, the appeal was filed on 23.09.2025. Counsel for respondent No.1 has filed reply pointing out that after referring the matter to the government for advice on 28.01.2025, there is no explanation for the delay upto 27.08.2025. Keeping in view 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 a liberal approach is to be adopted while considering an application for condonation of delay, we are of the considered opinion that the application is liable to be allowed as sufficient cause has been made out. LPA No.______of 2026 It be registered. Notice. Mr. Neeraj Sharma, learned counsel, appears and accepts service of notice on behalf of respondent No.1. On taking steps within a week, issue notice to respondents No.2 and 3, returnable for the next date of hearing. To come up on 29.09.2026. (G.S. Sandhawalia) Chief Justice ( Bipin C. Negi ) August 13, 2026 (KS) Judge