DURGA RAM AND ORS v. PRINCIPAL SECRETARY(POWER) AND ORS
CMP/4334/2025 · 2025-03-21
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6281 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6281 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Durga Ram and others vs. The Principal Secretary (Power) and others
CMP No.4334 of 2025 in RFA No.1 of 2023
21.03.2025 Present: Ms. Shashi Kiran, Advocate, for the appellants/non- applicants. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 & 3/State. Mr. Hamender Singh Chandel, Advocate, for respondents No.2 & 4. Mr. K.S. Dhaulta, Advocate, for the proforma responents/ applicants. CMP No.4334 of 2025
No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.8(a)-Prem Dutt are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.8(a)- Prem Dutt is stated to have expired on 02.04.2023 The same is evident from the Death Certificate appended along with the present application as Annexure A-1. Deceased proforma respondent No.8(a)-Prem Dutt is survived by his legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.8(a)-Prem Dutt therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4336 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.10-Ram Devi are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.10- Ram Devi is stated to have expired on 03.02.2024 The same is evident from the Death Certificate appended along with the present application as Annexure A-2. Deceased proforma respondent No.10-Ram Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.10-Ram Devi therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4337 of 2025 No reply is intended to be filed on behalf of the non- applicants.
The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.14(a)-Suresh Kumar are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.14(a)-Suresh Kumar is stated to have expired on 12.03.2023. The same is evident from the Death Certificate appended along with the present application. Deceased proforma respondent No.14(a)- Suresh Kumar is survived by his legal heirs, details whereof, have
been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.8(a)-Prem Dutt therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4338 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.17-Satya Devi are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.17- Satya Devi is stated to have expired on 14.03.2020. The same is evident from the Death Certificate appended along with the present application. Deceased proforma respondent No.17-Satya Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.17-Satya Devi, therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4339 of 2025 No reply is intended to be filed on behalf of the non- applicants.
The non-applicants have no objection, if in case, the
application is allowed and the legal heirs of deceased proforma respondent No.19-Revti Devi are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.17- Satya Devi is stated to have expired on 11.11.2017. The same is evident from the Death Certificate appended along with the present application as Annexure A-5. Deceased proforma respondent No.19-Revti Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.19-Revti Devi, therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4340 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.20-Ram Devi are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.20- Ram Devi is stated to have expired on 03.02.2024. The same is evident from the Death Certificate appended along with the present application as Annexure A-6. Deceased proforma respondent No.20-Ram Devi is survived by her legal heir, details whereof, have been given in Paragraph-2 of the application. The same is in
consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.20-Ram Devi, therefore, they are ordered to be brought on record. The application stands disposed of. CMP No.4341 of 2025 No reply is intended to be filed on behalf of the non- applicants.
The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.38-Prem Devi are brought on record as is being sought in the present application. Heard counsel for the parties. Proforma respondent No.38- Prem Devi is stated to have expired on 31.03.2019. The same is evident from the Death Certificate appended along with the present application as Annexure A-7. Deceased proforma respondent No.38-Prem Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application. Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.38-Prem Devi, therefore, they are ordered to be brought on record. The application stands disposed of. Amended memo of parties placed at Page-707 of the paper book is taken on record. CMP No.4342 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants. The appeal, in the case at hand, was decided on 02.01.2023. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon’ble Apex Court. Other than the aforesaid, for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their share(s), detailed in Annexure A-9 (colly.) appended with the application. The amount be remitted to the bank accounts, details whereof, have been given in Annexure A-8 (colly.) appended with the present application, subject to proper verification. The application stands disposed of.
CMP No.4343 of 2025 For the reasons stated in the application, the same is allowed. The applicants are exempted from filing English translated copies of the documents in question. The application stands disposed of. ( Bipin C. Negi ) March 21, 2025 (KS) Judge