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2026 DAILYLAW 22743 (HP)

STATE OF HP THROUGH DISTRICT COLLECTOR SOLAN AND OTHERS v. RAJINDER KUMAR SHARMA AND OTHERS

CMP.M/1247/2026 · 2026-09-10

Romesh Verma

body2026

Judgment text

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State of H.P. & others vs. Rajinder Kumar Sharma CMP(M) No. 1247 of 2026 10.09.2026 Present: Mr. Baldev Singh Negi, Additional Advocate General, for the applicants/State. Mr. Rakesh Thakur, Advocate, for the respondent. CMP(M) No. 1247 of 2026 The instant application has been filed by the applicants/State for condonation of delay in filing the present appeal. As per the averments as made in the application, the impugned judgment was passed by the learned District Judge, Solan, on 01.04.2025. It is the case of the applicants that the present appeal could not be filed within the period of limitation on account of the fact that time was spent in seeking legal opinion and the approval of the Government. Further, it has been stated that time was consumed in the transmission of the case file from one office to another till the final draft of the Regular Second Appeal, duly vetted, was sent to the Advocate General. As per the case as set up by the applicants/State, the District Attorney, Solan, supplied the copy of the judgment dated 1.04.2025, to the Executive Engineer, Jal Shakti Division, Solan, on 10.04.2025. After examining the case, he endorsed the same to the Assistant Engineer, Jal Shakti Sub-Division No. III, Solan, on 21.05.2025, for preparing the case with all the relevant documents for obtaining the legal opinion. Thereafter, the matter was processed through different channels and the present Regular Second Appeal was prepared and filed through the Advocate General on 10.12.2025. It has been contended that the delay in filing the appeal is neither intentional nor willful, but the same has occurred under unavoidable circumstances. It has been further stated that since State had to obtain necessary prior approval from different authorities, therefore, delay has occurred in filing the present appeal. The learned counsel for the non-applicant has no objection in case the present application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit, and keeping in view the fact that the learned counsel for the non- applicant has no objection, the present application is allowed, and the delay in filing the appeal is condoned. Application stands disposed of. RSA No.____/2026 (RAST No. 44368/26) Appeal be registered. Send for the records. List for admission after three weeks. In the meantime, the learned Additional Advocate General is directed to supply the entire paper book to the learned counsel for the respondent during the course of the day. (Romesh Verma) Judge September 10, 2026 (Nisha)