Himachal Pradesh High Court
State Of Hp, Hppwd vs . Hira Singh on 25 May, 2022
Bench: Tarlok Singh Chauhan
State of HP, HPPWD Vs. Hira Singh
.
RFA No. 47 of 2019
25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the appellant
State.
Mr. Tek Chand, Advocate, for the
respondent.
CMP No. 6063 of 2022
Heard.
Taking into consideration the peculiar facts
and circumstances of the case, the application for early
hearing is allowed and disposed of.
RFA No. 47 of 2019
List for final hearing on 9.9.2022 before the
appropriate Bench alongwith RFA No. 48 of 2019.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Vikram Singh Vs. HPSSEBL & others
CWP No. 3949 of 2019
.
25.5.2022 Present: Mr. R.L. Verma, Advocate vice Mr. P.P.
Chauhan, Advocate, for the petitioner.
Mr. Anil Kumar God, Advocate, for the
respondents.
An advanced copy of the petition was
supplied to the respondents on 21.11.2019. Thereafter,
formal notices were ordered to be issued on 27.12.2019.
Thereafter, the matter was listed before this Court on
21.12.2021 when two weeks' time was granted to file
reply.
This order appears to have been taken very
lightly by the respondents, as is evident from the fact
that even on 4.1.2022 when the case was listed before
this Court, the respondents failed to file reply. The
respondents were even though accommodated by
granting eight weeks' further time to file reply, yet no
ground is made out for extending the time.
However, in the instant case, subject to
costs of Rs. 10,000/ one last and final opportunity is
granted to the respondents to file reply, failing which
right to file reply shall be deemed to be closed without
further reference of the matter to the Court. The amount
towards costs shall be initially paid by the respondent
Board, however, the same shall be recovered from the
erring officer/official, for which the inquiry shall be
conducted in accordance with law. Report of the
.
proceedings be placed on record within six months from
today.
Reply be filed on the next date of hearing.
List on 1.7.2022.
CMP No. 6083 of 2022
Since the respondents have failed to file
reply, therefore, the instant application for early hearing
is misconceived and dismissed as such.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
M/s Maharaja Lakshman Sen Memoria College
vs. Presiding Officer, Employees Provident Fund
CWP No. 1649 of 2016
.
25.5.2022 Present: Mr. Rakesh Kumar, Advocate, for the
petitioner.
Mr. Rahul Mahajan, Advocate, for
respondent No. 2.
CMP No. 5782 of 2022
Heard.
r Taking into consideration the peculiar facts
and circumstances of the case, the application for early
hearing is allowed and disposed of.
CWP No. 1649 of 2016
List for final hearing on 2.9.2022 before the
appropriate Bench.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Laxmi Nand Vs. State of HP & others
CWP No. 3480 of 2021
25.5.2022 Present: Mr. Neel Kamal Sood, Advocate, for the
.
petitioner.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents.
The advance copy of this writ petition was
supplied to the respondentsState more than a year
back in the year 2021. Thereafter, formal notices were
ordered to be issued on 24.6.2021, yet respondents did
not care to file reply to the petition. Again the case was
listed before this Court on 18.5.2022 alongwith CMP No.
5734 of 2022, upon which the notices were again issued
to the respondents, but they still did not choose to file
reply either to the main petition or to CMP No. 5734 of
2022, which clearly goes to indicate that the
respondents, for some strange reasons, are not caring
for the orders being passed by this Court.
Let reply be filed by respondentsState, on
the next date of hearing, failing which respondent No. 2
shall personally appear before this Court.
List on 27.5.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Kamal Deen Vs. State of HP
Cr. Revision No. 140 of 2018
25.5.2022 Present: Mr. Ashwani Kaundal, Advocate, for the
.
petitioner.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
CMP No. 1401 of 2022
r Notice. Mr.Vinod Thakur, learned Additional
Advocate General appears and waives service of notice
on behalf of respondent/nonapplicant. He prays for
and is granted three weeks' time to file reply.
List on 1.7.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Tarsem Lal Vs. Rajender Kumar
Cr. Appeal No. 257 of 2015
25.5.2022 Present: Mr. Mohar Singh, Advocate vice Mr. Nimish
.
Gupta, Advocate, for the petitioner.
Mr. Umesh Kanwar, Advocate, for the
respondent.
Cr. M.P. No. 1337 of 2022
Heard.
Taking into consideration the peculiar facts
and circumstances of the case, the instant application is
allowed and disposed of.
Cr. Appeal No. 257 of 2015
List for hearing on 17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Hari Nath Vs. State of HP
Cr. Appeal No. 101 of 2022
25.5.2022 Present: Mr. R.S. Chandel and Ms. Pooja, Advocates,
.
for the petitioner.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
Fine of Rs. 35,000/ has been deposited as
is evident from the receipt issued by learned Special
Judge, Mandi, which is ordered to be made the part of
file.
Cr. M.P. No. 1101 of 2022
By medium of this application, the applicant
sought suspension of sentence in a case registered
against him under N.D.P.S. Act.
As per the prosecution story, the
appellant/accused was found to be in possession of 352
grams of charas, which though is not a small quantity,
but is intermediate quantity. The commercial quantity is
of 1 kg.
Therefore, in the given facts and
circumstances of the case, I deem it proper to suspend
the sentence imposed upon the applicant/appellant by
learned Special Judge, Mandi, District Mandi on
5.4.2022 in N.D.P.S. Trial No. 15 of 2015, titled as
"State of H.P. Versus Gaurav & another", subject to his
furnishing personal bond in the sum of Rs. 50,000/ to
the satisfaction of concerned Jail Superintendent,
.
clearly undertaking therein that he shall not repeat the
offence in future. On furnishing such bond, the
applicant be released forthwith, if not wanted in any
other case. The Registry is directed to prepare
conditional release warrant. The application stands
disposed of.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
State of H.P. Vs. Yudhbir Singh Rajput
Arb. Case No. 40 of 2022
25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
.
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the petitioner
State.
Mr. Arjun Lal and Mr. Vikas Rajput,
Advocates, for the respondent.
As prayed for, list on 27.5.2022.
(Tarlok Singh Chauhan)
r Judge
May 25, 2022
kalpana
M/s Jaiprakash Associates Ltd. Vs. Dharam Pal & others
RFA Nos 67 to 76 of 2017 and
120 of 2017
.
25.5.2022 Present: Mr. Romesh Verma, Advocate, for the
appellant.
Mr. Virender Thakur, Advocate, for
respondent No. 1.
Mr. Rajinder Dogra, Sr. Additional Advocate
General with Mr. Vinod Thakur, Additional
Advocate General and Mr.Rajat Chauhan,
Law Officer, for respondentsState.
Mr. Anil Kumar God, Advocate, for
respondentUltra Tech Cement.
List alongwith RFAs No. 131 of 2017, 132 of
2017, 133 of 2017, 134 of 2017, 124 of 2018, 125 of
2018, 108 of 2018, 109 of 2018, 103 of 2018, 104 of
2018,105 of 2018, 106 of 2018, 120 of 2018, 121 of
2018, 122 of 2018, 135 of 2017, 136 of 2017, 137 of
2017, 138 of 2017, 97 of 2017, 131 of 2018, 280 of
2017, 52 of 2017, 54 of 2017, 56 of 2017, 113 of 2018,
112 of 2018, 271 of 2017, 218 of 2017, 279 of 2017,
374 of 2016, 375 of 2016, 241 of 2017, 282 of 2017,
281 of 2017, 285 of 2017, 245 of 2018, 284 of 2017,
247 of 2017,242 of 2017, 241 of 2017, 240 of 2017, 243
of 2017,244 of 2017, 246 of 2017, 283 of 2017 and 75
of 2017 on 24.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Smt. Reeta Devi Vs. Balvinder Sharma
Ex. Pet. No. 1 of 2022 in
FAO No. 525 of 2017
.
25.5.2022 Present: Mr. Bonit Thakur, Advocate, for the
petitioner.
Issue notice to the respondent through
process serving agency, returnable for 8.7.2022, on
steps being taken within two weeks.
May 25, 2022
kalpana
to (Tarlok Singh Chauhan)
Judge
Ram Partap Vs. State of HP & others
CWP No. 6964 of 2021
25.5.2022 Present: Mr. Vinay Sharma, Advocate, for the
.
petitioner.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
Learned counsel for the petitioner prays for
and is granted four weeks' time to file rejoinder. List on
22.7.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Naveen Kumar & ors Vs. State of HP & others
CWP No. 6964 of 2021
25.5.2022 Present: Mr. C.S. Thakur, Advocate, for the
.
petitioners.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
Learned counsel for the petitioner prays for
and is granted two weeks' time to file file an appropriate
application for deletion of name of ______.
List on 17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Ramesh Chand & anr. Vs. Shiv Chand & others
RSA No. 98 of 2021
25.5.2022 Present: Mr. Romesh Verma, Advocate, for the
.
appellant.
Ms. Meera Devi, Advocate vice counsel for
the respondents/caveators.
In terms of order dated 5.4.2022, certain
documents have not been placed on record.
As jointly prayed for, list on 8.7.2022. It is
made clear that in case the documents are not filed by
the next date of hearing, the right to file the same shall
be deemed to be closed.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Oriental Ins. Co. Vs. Kewal Ram Chauhan
FAO(MVA) No. 92 of 2021
25.5.2022 Present: Ms. Jyoti Dogra, Advocate vice counsel for
.
the appellant.
Mr. Digvijay Singh Thakur, Advocate, for
respondent No. 1.
Learned vice counsel appearing for the
appellant prays for and is granted four weeks' time to
take steps for the service of respondent No. 4. In the
event of steps being taken, list the matter before
concerned Registrar for completion of service.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Oriental Ins. Co. Vs. Kewal Ram Chauhan
FAO(MVA) No. 92 of 2021
25.5.2022 Present: Ms. Jyoti Dogra, Advocate vice counsel for
.
the appellant.
Mr. Digvijay Singh Thakur, Advocate, for
respondent No. 1.
Learned vice counsel appearing for the
appellant prays for and is granted four weeks' time to
take steps for the service of respondent No. 4. In the
event of steps being taken, list the matter before
concerned Registrar for completion of service.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Sarita Kumar Vs. State of HP & others
Ex. Pet. No. 2 of 2021
25.5.2022 Present: Mr. Sahil Malhotra, Advocate, for the
.
petitioner.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
As prayed for, list on 17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
State of H.P. Vs. Satish Kumar
Cr. Appeal No. 157 of 2010
25.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
.
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the appellant
State.
Mr. O.C. Sharma, Advocate, for respondents
No. 1 and 2.
List on 24.6.2022 before appropriate Bench.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Rashmi Gupta Vs. Navneet Gupta
FAO No. 436 of 2009
.
25.5.2022 Present: Mr. Nimish Gupta, Advocate, for the
appellant.
Mr. Vinod Gupta, Advocate vice counsel for
the respondent.
CMP No. 2916 of 2022
Learned vice counsel for the respondent
states that reply has been sent for signatures of the
respondent, who is suffering from Cancer and the same
would, in all eventualities, be filed on the next date of
hearing. List on 3.6.2022.
FAO No. 436 of 2009
In the meanwhile, typed copy of Annexure P
1 and P2 be filed by learned counsel for the appellant.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Krishan Kumar & ors Vs. Med Ram & ors
RSA No. 607 of 2008
.
25.5.2022 Present: Mr. K.R. Kashyap, Advocate, for the
appellant.
Mr. Surender Verma, Advocate, for
respondents No. 1 to 3.
It appears that records have not been
requisitioned. The same be now requisitioned so as to
reach this Court well before the next date of hearing.
List on 1.7.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Mukesh Sharma Vs. Hindustan Petroleum Corp
CWP No. 8954 of 2012
.
25.5.2022 Present: Mr. Ajay Kumar Sharma, Advocate, for the
petitioner.
Mr. B.C. Negi, Senior Advocate with Mr.
Nitin Thakur, Advocate, for the respondents.
Records not produced. The same be
positively produced on the next date of hearing. List on
24.6.2022.
r to (Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Ajay Raj Pathania Vs. State of HP
CWPOA No. 7204 of 2019
.
25.5.2022 Present: None for the petitioner.
Mr. Rajinder Dogra, Sr. Add. A.G. with Mr.
Vinod Thakur, Addl.A.G. and Mr. Rajat
Chauhan, Law Officer for the respondents
State.
List on 17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
National Ins. Co. Vs. Om Parkash & anr a/w
connected matters.
FAO Nos 546 of 2009 and
.
439 of 2012
25.5.2022 Present: Mr. Suneet Goel, Advocate, for the
appellant(s).
Mr. Bimal Gupta, Senior Advocate with Mr.
Satish Sharma, Advocate for respondent No.
No. 3 in FAO No. 439 of 2012.
r and 2 in FAO No. 439 of 2012.
Learned counsel for the appellants prays for
an adjournment. Prayer allowed as not opposed. List on
17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
H.P. Non-Gazetted Judicial Employees Vs. Maneesh Garg
COPC No. 566 of 2014
.
25.5.2022 Present: Mr. Ajay Sharma, Senior Advocate with
Mr.Atharv Sharma, Advocate, for the
petitioner.
Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr.
Vinod Thakur, Addl. A.G. and Mr. Rajat
Chauhan, Law Officer, for the respondents.
Learned Senior Additional Advocate
General prays for two weeks' time to obtain instructions.
Granted. List on 17.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
Kamla Devi Vs. P.N.B
Cr. M.P. (M) No. 901 of 2022
.
25.5.2022 Present: Mr. D.N. Sharma, Advocate, for the
petitioner.
Mr. Rajiv Chauhan, Advocate, for the
respondent.
Against the compensation amount of Rs.
3,00,000/, the petitioner is stated to have deposited Rs.
90,000/ before learned trial Court and brother of the
petitioner is stated to have deposited Rs. 50,000/ today
with the respondentBank.
Learned counsel for the petitioner
undertakes to deposit remaining amount with the
respondent Bank on or before 26.7.2022. His statement
is taken on record.
It is made clear that in case of non
adherence to the undertaking given in the open Court,
apart from any other action which may be taken against
the petitioner in the peculiar facts and circumstances of
the case, he shall also be prosecuted and punished
under the Contempt of Courts Act.
Cr. MP (ST) No. 6320 of 2019
Since the substantial amount has been
deposited, therefore, I deem it proper to suspend the
sentence as imposed upon the petitioner by learned
Additional CJM, Rampur Bushehar, vide judgment
dated 9.12.2015/18.12.2015 passed in Case No.
.
138/NIA/0000114/2014 which was upheld by learned
Additional Sessions Judge, Kinnaur at Rampur
Bushehar in Cr. Appeal No. 3R/10 of 2016.
However, at this stage it is submitted by
learned counsel for the petitioner that the petitioner is in
custody. If that be so, she be released forthwith, if not
wanted in any other case, subject to furnishing bail
bonds to the tune of Rs. 50,000/ to the satisfaction of
Jail Superintendent, Kanda. The release warrant be
prepared accordingly. The application stands disposed
of.
Cr. MP(M) No. 901 of 2022
List on 29.7.2022.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
kalpana
NTPC Ltd. Vs. Chunka Ram & others
RFA No. 396 of 2014
25.5.2022 Present: Mr. Ajeet Jaswal, Advocate vice counsel for
.
the appellant.
Mr. Anirudh Sharma, Advocate, for
respondents No. 2, 3 and 5.
Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondent
State.
CMP No. 6210 of 2022
Heard. Allowed.
The certified copy of the shares as calculated
by the Collector, Land Acquisition Koldam, Bilaspur
(HP) is ordered to be taken on record. The application
stands disposed of.
CMP No. 5496 of 2022
By medium of this application,
respondents/applicants No. 2, 3 and 5 have sought
release of their shares of the award amount, as
calculated by the Collector, Land Acquisition, Koldam,
Bilaspur, copy whereof has been annexed as Annexure
A1 with CMP No. 6210 of 2022.
Since the appeal has been finally decided by
this Court vide judgment dated 6.4.2018, there is
nothing on record to indicate that the aforesaid
judgment is assailed by the aggrieved party(s) before
.
Hon'ble Supreme Court. Consequently, the instant
application is allowed and the amount falling to the
shares of the applicants/respondents No. 2, 3 and 5 be
released in their favour alongwith upto date interest by
remitting the same to their respective saving bank
accounts, as mentioned in para2 of the application.
The application stands disposed of.
CMP No. 6212 of 2022
The application is allowed and the applicant
is exempted from filing English translation of Annexure
A1.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Pawan Kumar alias Bittu (deceased) Vs. Khem Raj & ors
RSA No. 33 of 2016
25.5.2022 Present: Mr. Inder Sharma, Advocate, for the
.
applicants/appellants.
Mr. Jai Dev Thakur, Advocate vice Mr. H.S.
Rangra, Advocate, for respondent No.1.
CMP No. 3287 of 2022 & CMP(M) 341 of
Reply stands filed. Learned counsel for the
applicants/appellants prays for and is granted three
weeks/ time to file rejoinder. List on 24.6.2022.
(Tarlok Singh Chauhan)
Judge
May 25, 2022
(Kalpana)
Ram Kishan Vs. Land Acquisition Collector & anr
RSA No. 468 of 2018
20.5.2022 Present: Mr. Atharv Sharma, Advocate, vice counsel
.
for the appellant.
Mr. Rajinder Dogra, Senior Additional A.G.
with Mr. Vinod Thakur, Additional Advocate
General and Mr. Rajat Chauhan, Law
Officer, for respondent No. 1.
Mr. Rahul Mahajan, Advocate, for
respondent No. 2.
Learned counsel for respondent No. 2 prays
for and is granted four weeks' time to comply with order
dated 1.4.2022. However, it is made clear that no more
opportunity shall be given for the aforesaid purpose.
List on 24.6.2022.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Ankur Chadha Vs. Himachal Gramin Bank
Cr. Revision No. 253 of 2022
20.5.2022 Present: Mr. Rajesh Kashyap, Advocate, for the
.
petitioner.
Ms. Devyani Sharma, Advocate, for the
respondent.
Learned counsel for the petitioner
undertakes to deposit the substantial amount on the
next date of hearing. List on 24.6.2022.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Kuldeep Prakash Sharma Vs. Kashmir Singh
CMPMO No. 164 of 2022
20.5.2022 Present: Mr. Pawan K. Sharma, Advocate, vice
.
counsel, for the petitioner.
As prayed for, list on 25.5.2022.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Hari Dutt & others Vs. Mandir Kalisthan, Nahan
RSA No. 110 of 2022
20.5.2022 Present: Mr. Karan Singh Kanwar, Advocate, for the
.
appellants.
Call for the records. List on 3.6.2022.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Manohar Lal Vs. Madan Mohan & ors
FAO(MVA) No. 81 of 2022
20.5.2022 Present: Mr. Vivek Singh Attri and Mr. Abhinav
.
Purohit, Advocates, for the appellant.
CMP(M) No. 596 of 2022
Since the instant appeal is within prescribed
period of limitation in terms of orders passed by Hon'ble
Supreme Court on 10.1.2022, therefore this application
seeking condonation of delay is misconceived and
dismissed accordingly.
CMP No. 5596 of 2022
For the reasons stated in the application,
delay in refiling the appeal is condoned. The application
stands disposed of.
FAO(MVA) No. 81 of 2022
Admit.
Tag alongwith FAO No. 114 of 2021.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
New India Ass. Co. Ltd Vs. Punam Panta & others
FAO(ECA) No. 80 of 2022
20.5.2022 Present: Mr. Raman Sethi, Advocate, for the
.
appellant.
Issue notice to the respondents, returnable
for 8.7.2022. Steps be taken within two weeks.
CMP No. 5593 of 2022
Notice in the aforesaid terms. Since entire
amount of compensation amount stands deposited
before the Court of learned Commissioner below,
therefore operation and execution of the impugned
award dated 29.12.2021 passed by it in case No. 32 of
17/15 is ordered to be stayed during pendency of the
appeal. The application stands disposed of with liberty
to the claimants to file application for release of
amount, which application needless to say, as and when
filed, shall be decided on its own merits.
Let the amount deposited before learned
Commissioner (Employee's Compensation), Court No. 1,
Shimla be called by the Registry and invested as per
procedure.
Copy dasti.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Renukaji Dam Project & ors Vs. Sohan Singh & ors
CMP No. 5955 of 2022 in RFA
No. 321 of 2018
.
20.5.2022 Present: Mr. Shashi Shirshoo, Advocate, for the
appellants.
Mr. M.P. Kanwar and Mr.Pawan K.Sharma,
Advocates, for applicants/claimants No. 1,
2(i) to 2(v).
Heard.
The instant application has been filed for
release of the remaining award amount in favour of
claimants. 50% of the amount has already been released
in their favour vide order dated 18.4.2019
No ground for release of amount is made out
at this stage as even remaining amount invested by the
Registry of this Court is about one crore. The Court, in
such circumstances, cannot be mute spectator as it is
the responsibility of the Court to ensure that amount as
ordered to be released in favour of the claimants has not
only been received but is invested by them prudently in
some secure deposit or in some properties, moveable or
immoveable etc. etc.
The acquired land falls within one of the
most backward areas of the state, wherein majority of
the claimants are rural rustic villagers, incapable of
handling such huge amount(s) of money.
As observed above, claimants have already
been released 50% of the award amount and in the
application they or anyone of them have not stated as to
.
what they did with that amount.
No doubt, the case is decided, but
nonetheless it is the duty of the Court to try and ensure
that the amount released in favour of the claimant is
well spent. Even otherwise, I see no reason why the
claimants should not disclose to the Court where the
amount earlier released has been invested, if at all
invested.
Therefore, in such circumstances, in case
the applicants or anyone of them still desire the release
of the amount or part thereof in their favour, they have
to support the application with some contemporaneous
record to show how they have utilized the amount,
which has earlier been released in their favour and also
try and justify the requirement of the amount sought to
be released. Accordingly, the application is dismissed.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
LAC, HPSEB & anr Vs. Vijay Pal & anr
CMP No. 5948 of 2022 in RFA
No. 258 of 2017
.
20.5.2022 Present: Mr. Vivek Negi, Advocate, for the
appellants/nonapplicants.
Mr. Ranvir Chauhan, Advocate, for
respondent/applicant No. 1.
Since the judgment passed by this Court has
attained finality and moreover, the excess amount has
already been released in favour of appellants/non
applicants, therefore let amount lying deposited in the
Registry of this Court be released in favour of the
claimant/applicant Vijay Pal alongwith upto date
interest and the same be remitted to his saving bank
account, as per details given in para1 of the
application. The application stands disposed of.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
State of H.P. &another Vs. Nand Lal
CMP No. 4972 of 2022 in RFA
No. 361 of 2011
.
20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
Advocate General with Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the
appellants/nonapplicantsState.
Mr. Rajesh Kumar, Advocate vice counsel for
the respondent/applicant.
order:
r to
On 6.5.2022, this Court passed the following
"Even though the claimant has moved
this application for release of amount, however,
learned Additional Advocate General prays for time
to ascertain whether the judgment passed by this
Court on 21.12.2019 has attained finality."
2. Today, learned Senior Additional Advocate
General, on instructions, states that the appellants do
not intend to assail the judgment passed by this Court
on 21.12.2019. His statement is taken on record.
3. Now that the judgment passed by this Court
has attained finality, therefore, let the entire awarded
amount alongwith upto date interest be released in
favour of sole claimant by remitting the same to his
saving bank account as per details given in para6 of
the application. The application stands disposed of.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
.
r to
Kuldeep Prakash Sharma Vs. Kashmir Singh
CMPMO No. 164 of 2022
20.5.2022 Present: Mr. Pawan K. Sharma, Advocate, vice
.
counsel for the petitioner.
As prayed for, list on 25.5.2022.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
Brij Mohan Vs. Upendra Prasad Singhy & ors
COPC No. 232 of 2019 with
COPC Nos72, 73,117,118 of 2016,
214,320 of 2017, 97, 267 of 2019,19, 20,
.
26, 28, 29, 30, 33, 34, 35, 36, 37, 38, 157
of 2020 and COPC Nos 100 of 2021,
125, 126, 127 and 128 of 2022
20.5.2022 Present: Mr. Ajay Sharma, Senior Advocate with Mr.
Atharv Sharma, Advocate, Mr. Mukul Sood,
Mr. S.D. Vasudeva, Advocate, for the
respective petitioner(s).
Mr. Rajinder Dogra, Senior Additional
Advocate General, Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the respondents
State.
Mr. Balram Sharma, ASGI, for respondent
No. 1UOI in COPC Nos 232/2019, 72/2016,
73/2016, 214/2017, 97/2019,320/2017,
117/2016 and 118/2016.
Mr. Yashwardhan Chauhan, Advocate, for
respondentGovernment of Rajasthan.
COPC Nos 125/2022, 126/2022,
127/2022 and 128/2022.
Issue notice to the respondents, returnable
for 24.6.2022, subject to steps being taken within a
week.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
State of H.P. Vs. Baryam Singh
Cr. MP(M) No. 989 of 2022
20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
.
Advocate General, Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the
applicant/appellant.
Cr.MP(M) No. 2223 of 2021
Heard. Leave to appeal granted. The
application stands disposed of.
Cr. Appeal No. __________of 2022
Be registered.
Admit.
Call for the records.
Bailable warrants in the sum of Rs.
25,000/ with one surety of the like amount to the
satisfaction of the arresting Police Officer be issued
against the respondent returnable within six weeks
undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be
imposed on the conclusion of the appeal.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
State of H.P. Vs. Vishal Thakur
Cr. MP(M) No. 979 of 2022
20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
.
Advocate General, Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the
applicant/appellant.
Cr.MP(M) No. 979 of 2022
Heard. Leave to appeal granted. The
application stands disposed of.
Cr. Appeal No. __________of 2022
Be registered.
Admit.
Call for the records.
Bailable warrants in the sum of Rs.
10,000/ with one surety of the like amount to the
satisfaction of the arresting Police Officer be issued
against the respondent returnable within six weeks
undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be
imposed on the conclusion of the appeal.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
State of H.P. Vs. Vishal Thakur
Cr. MP(M) No. 979 of 2022
20.5.2022 Present: Mr. Rajinder Dogra, Senior Additional
.
Advocate General, Mr. Vinod Thakur,
Additional Advocate General and Mr. Rajat
Chauhan, Law Officer, for the
applicant/appellant.
Cr.MP(M) No. 979 of 2022
Heard. Leave to appeal granted. The
application stands disposed of.
Cr. Appeal No. __________of 2022
Be registered.
Admit.
Call for the records.
Bailable warrants in the sum of Rs.
25,000/ with one surety of the like amount to the
satisfaction of the arresting Police Officer be issued
against the respondent returnable within six weeks
undertaking therein to appear in this Court as and when
directed and to receive the sentence which may be
imposed on the conclusion of the appeal.
(Tarlok Singh Chauhan)
Judge
May 20, 2022
(Kalpana)
.
.
.
