Himachal Pradesh High Court
Rajesh Kumar vs State Of Himachal Pradesh on 14 September, 2021
Bench: Ravi Malimath, Justice, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF SEPTEMBER 2021
BEFORE
.
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
LETTERS PATENT APPEAL No. 100 of 2021
Between:-
1. RAJESH KUMAR,
S/O SH. BUDHI RAM,
R/O VILLAGE AND POST
OFFICE JUKHALA,
DISTRICT BILASPUR,
HIMACHAL PRADESH
2. HARVINDER SINGH,
S/O SH. YASH PAL,
R/O VILLAGE AND POST OFFICE
HARNODA, DISTRICT BILASPUR,
HIMACHAL PRADESH
3. JAI RAM,
S/O SH. GORKHU RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
4. PARSINU DEVI,
W/O SH. MANI RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
5. VIJAY KUMAR,
S/O SH. SUKH RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
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6. SITA DEVI,
W/O SH. BASU KUMAR,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
.
7. RAM PAL,
S/O SH. MANI RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
8. LATA SHARMA,
W/O SH. ANIL KUMAR,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
9. SURESH KUMAR,
S/O SH. TOTA RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
10. RENU THAKUR,
W/O SH. SATISH KUMAR,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
11. SOMA DEVI,
W/O SH. BABOO RAM,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
12. NARESH KUMAR,
S/O SH. ROOP SINGH,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
13. BEENA DEVI,
W/O SH. SURESH KUMAR,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
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14. ROOP LAL,
S/O SH. LOBHI RAM,
R/O VILLAGE AND POST OFFICE
SIKROHA, DISTRICT BILASPUR,
HIMACHAL PRADESH
.
15. SUBHASH CHAND,
S/O SH. LAXHMAN,
R/O VILLAGE AND POST OFFICE
MAKRI-MARKAND, DISTRICT BILASPUR,
HIMACHAL PRADESH
16. JAGDISH KUMAR,
S/O SH. MAST RAM,
R/O VILLAGE AND POST OFFICE
GASSOUR, DISTRICT BILASPUR,
HIMACHAL PRADESH
17. SHYAM LAL,
S/O SH. PARAS RAM,
R/O VILLAGE AND POST OFFICE
NIHARKAR BASLA, DISTRICT BILASPUR,
HIMACHAL PRADESH
18. BALAK RAM,
S/O SH. HARI RAM,
R/O VILLAGE AND POST OFFICE
SAULA, DISTRICT BILASPUR,
HIMACHAL PRADESH
19. JAGDISH KMAR,
S/O SH. LACHMAN,
R/O VILLAGE AND POST OFFICE
DEOLI, DISTRICT BILASPUR,
HIMACHAL PRADESH
20. AMAR SINGH,
S/O SH. RAMDITU,
R/O VILLAGE AND POST OFFICE
MARKAND MAKRI, DISTRICT BILASPUR,
HIMACHAL PRADESH
21. JYOTI PURI,
W/O SH. NEERAJ,
R/O VILLAGE GAGAS, POST OFFICE
BINOLA, TEHSIL SADAR,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
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22. KULDEEP KUMAR,
S/O LATE SH. DHANI RAM,
R/O VILLAGE BARMANA,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
......APPELLANTS
.
(BY SH. ONKAR JAIRATH AND
SH. SHUBHAM SOOD, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH SECRETARY (COOPERATION)
TO THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002
2. THE REGISTRAR,
COOPERATIVE SOCIETIES,
HIMACHAL PRADESH, SHIMLA-171009
3. THE ASSISTANT REGISTRAR,
COOPERATIVE SOCIETIES,
BILASPUR, DISTRICT BILASPUR,
HIMACHAL PRADESH
4. ASSOCIATED CEMENT CORPORATION
LIMITED, BARMANA CEMENT FACTORY,
THROUGH ITS GENERAL MANAGER,
VILLAGE AND POST OFFICE BARMANA,
TEHSIL SADAR, DISTRICT BILASPUR,
HIMACHAL PRADESH
5. THE BILASPUR DISTRICT TRUCK
OPERATORS COOPERATIVE
TRANSPORT SOCIETY LIMITED,
POST OFFICE BARMANA, DISTRICT
BILASPUR, HIMACHAL PRADESH,
THROUGH ITS SECRETARY
6. SH. RANIA RAM SHARMA,
S/O LATE SH. GOVERDHAN SHARMA,
R/O VILLAGE AND POST OFFICE
PAUJGAIN, TEHSIL SADAR,
DISTRICT BILASPUR, H.P.
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7. SH. SURESH BANSAL,
S/O SH. LACHMAN DASS,
R/O VILLAGE AND POST OFFICE
MALERI JUKHLA,
DISTRICT BILASPUR,
HIMACHAL PRADESH
.
8. GANGA SINGH,
S/O SH. HARI DASS,
R/O VILLAGE BARMANA,
DISTRICT BILASPUR, H.P.
9. SMT. NIRMLA DEVI,
W/O SH. RAM DASS,
R/O VILLAGE & POST OFFICE
BARMANA, DISTRICT BILASPUR,
HIMACHAL PRADESH
10. SH. CHUNI LAL BANSAL,
S/O SH. MAST RAM,
R/O VILLAGE AND POST OFFICE
JUKHALA, DISTRICT BILASPUR,
HIMACHAL PRADESH
11. SH. HARINDER BANSAL,
S/O SH. MAST RAM,
R/O VILLAGE AND POST OFFICE
GASSOUR, DISTRICT BILASPUR,
HIMACHAL PRADESH
12. MS. SATYA BANSAL,
W/O SH. AMAR NATH BANSAL,
R/O VILLAGE AND POST OFFICE
GASSOUR, DISTRICT BILASPUR,
HIMACHAL PRADESH
13. SMT. BEENA DEVI,
W/O SH. NAND LAL,
R/O VILLAGE AND POST OFFICE
BARMANA, DISTRICT BILASPUR, H.P.
14. SH. INDER SINGH,
S/O SH. RAMU RAM,
R/O VILLAGE & POST OFFICE
DHUNI PANJAI, DISTRICT BILASPUR,
HIMACHAL PRADESH.
......RESPONDENTS
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(SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH MS. RITTA GOSWAMI
AND SH. VIKAS RATHORE, ADDITIONAL
ADVOCATES GENERAL, FOR R-1 TO R-3,
SH. K.D. SOOD, SENIOR ADVOCATE
.
WITH SH. HET RAM THAKUR, ADVOCATE,
FOR R-4,
SH. NITIN THAKUR, ADVOCATE, FOR R-5)
This appeal coming on for orders this day,
Hon'ble Mr. Justice Ravi Malimath, delivered the following:
JUDGMENT
CMP(M) No.671 of 2019
For the reasons assigned, the application is allowed
and the delay in filing the appeal is condoned.
2. The application is disposed off.
LPA No.100 of 2021
3. Heard learned counsels.
4. The plea of the appellants is that firstly most of the
appellants had died on the date the order was passed and secondly,
the contentions of the appellants were not considered by the learned
Single Judge. That the submissions made by the other parties were
considered while disposing off the miscellaneous petitions.
Therefore, there is non-consideration of their case by the learned
Single Judge.
5. On hearing learned counsels, we are of the view that
even if the contentions of the appellants are accepted, the same
would not amount to a ground of appeal. Rather, it would constitute
.
a ground to seek review of the judgment passed by the learned
Single Judge. Hence, while reserving a liberty to the appellants to
file a review petition before the learned Single Judge, the appeal is
disposed off.
6. Pending miscellaneous applications are also disposed
off.
r to
( Ravi Malimath )
Acting Chief Justice
( Jyotsna Rewal Dua )
Judge
September 14, 2021
Bhardwaj/Mukesh
