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High Court of Himachal Pradesh · body

2026 DAILYLAW 23934 (HP)

STATE OF HP AND OTHERS v. SURINDER AND OTHERS

CMP/24406/2026 · 2026-09-22

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 . Item No. D-3 State of Himachal Pradesh and others Vs. Sh. Surinder and others. CMPs No. 24406 and 24407 of 2026 in RFA No. 1 of 2025. 22.09.2026 Present: CMP No. 24406 of 2026 Mr. Rakesh Dhaulta, Additional Advocate General, for the non-applicants/appellants. Ms. Dhanwanti, Advocate, for the applicants/respondents No.2 and 3. CMP No. 24407 of 2026 Mr. Rakesh Dhaulta, Additional Advocate General, for the non-applicants/appellants. Ms. Dhanwanti, Advocate, for the applicants/respondents. CMP No. 24406 of 2026 The present application has been filed under Order 32, Rule 12 of the Civil Procedure Code, on behalf of applicant/respondents No.2 and 3, for discharging their natural guardian/father and for leave to proceed in their own name. 2. It is submitted that applicant No.2, namely, Saket and applicant No.3, namely, Arush, have attained the age of majority on 09.01.2021 and 14.02.2024, respectively, as per their Matriculation Certificates (Annexure A-1 and Annexure A-2), respectively. 3. Resultantly, they prayed that their natural guardian be discharged and they be permitted to proceed in their own name. Affidavits of the applicants/respondents No.2 and 3 and their father/respondent No.1, are also appended with the application. 2 4. Keeping in view the above, we allow the application and permit the said applicants/respondents No.2 and 3 to pursue their case in their own name, since necessary power of attorney has also been filed by their counsel. 5. Application disposed of accordingly. CMP No. 24407 of 2026 6. The present application has been filed on behalf of applicants/respondents to release the amount. 7. It has been mentioned that though directions were issued to the State on 02.09.2025 to deposit a sum of Rs.1,000/- per square meter for the acquired land in this Court and the amount was ordered to be released to the land owners on furnishing requisite security to the satisfaction of the Registrar (Judicial). 8. It has also been mentioned that since the amount was not deposited, the Executing Court had issued warrant of attachment of the property of the non-applicants/State on 26.11.2025 and on 06.04.2026, the State had deposited a sum of Rs.1,32,90,000/- before the Executing Court i.e., Additional District Judge-II, Shimla. 9. The amount deposited is stated to be less than what was required to be deposited and resultantly, prayer has been made that the application be allowed and the applicants be permitted to withdraw the said amount. 10. Keeping in view the fact that deposit has been made, it would be appropriate if the Executing Court remits the said 3 amount to this Court for passing of further orders, in compliance of order dated 02.09.2025. 11. Resultantly, the application is allowed. Executing Court shall remit the amount in favour of the Registrar General, within a period of two weeks from today and the amount then be released in favour of the applicants, as per order dated 02.09.2025. 12. Application stands disposed of accordingly. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge September 22, 2026 (Shivank Thakur)