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High Court of Himachal Pradesh · body

2025 DAILYLAW 7833 (HP)

STATE OF HP AND OTHERS v. DINESH KUMAR

CMP.M/239/2025 · 2025-07-08

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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State of Himachal Pradesh and others Versus Dinesh Kumar CMP (M) No.239 of 2025 [Item D-9] 08.07.2025 Present: Mr. Arsh Rattan, Deputy Advocate General, for the applicants-appellants- State. Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates for Mr. C.N. Singh, Advocate, for the respondent. CMP(M) No.239 of 2025 Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates, put in appearance on behalf of Mr. C.N. Singh, Advocate, for the respondent. 2. Present application for condonation of delay for a period of 59 days has been filed by the State as calculated by the Office. The same has been opposed by filing reply by the writ petitioner-respondent herein. 3. The impugned judgment was passed on 09.08.2024, certified copy was applied on 14.08.2024, which was delivered on 06.09.2024, draft appeal having been prepared and forwarded on 13.11.2024, was vetted on 25.11.2024 and then filed on 29.11.2024, which led to delay in filing the appeal. 4. Resultantly, we are of the considered opinion that sufficient cause has been made out for condoning the delay, which has been duly explained, keeping in view the law laid down by Apex Court in Land Acquisition, Anantnag & Anr. Versus M/s Katiji & Ors., (1987) 2 SCC 107 that each and every day’s delay is not to be explained. 5. Accordingly, the present application is allowed and delay in filing the appeal is condoned. Appeal be registered. Application stands disposed of. LPA Filing No.6698 of 2025 6. Notice. Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates accept service of notice on behalf of the sole respondent. 7. As prayed for by counsel for the respondent, to come up for consideration on 14.08.2025. 8. Copy of appeal be also supplied to the counsel for the respondent during course of the day. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge July 08, 2025 (Bhardwaj/Himani)