Joginder Singh vs Mahinder Singh & Ors
2023 Latest Caselaw 4771 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.172 of 2023.

Date of Decision: 27th April, 2023.

.

    Joginder Singh                                             .....Petitioner.





                                       Versus

    Mahinder Singh & Ors.                                      .....Respondents.





    Coram

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner: Mr. Vivek Singh Thakur, Advocate.

For the respondent: None.

Jyotsna Rewal Dua, Judge

In view of nature of order proposed to be passed in the

instant petition hereinafter, no notice is required to be issued to the

respondents.

2. Challenge in this petition is to an order passed by the

Collector, Sub Division, Jawali, District Kangra, H.P, on 10.2.2023,

whereby the petitioner's appeal was dismissed for default. The

petitioner has an alternative remedy under the applicable statute

against the impugned order.

Notwithstanding above, the submission made by learned

counsel for the petitioner is that the petitioner's application for

restoration of the appeal is pending adjudication before the aforesaid

authority without any decision thereupon for long. Hence, in the

interest of justice and without going into the question of

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

maintainability of the petition, the instant petition is disposed of with a

direction to the Collector, Sub Division, Jawali, District Kangra, H.P, to

decide the pending application of the petitioner for restoration of his

.

appeal, as expeditiously as possible preferably within a period of six

weeks from today. Learned Additional Advocate General to convey

this order to the concerned authority.

In view of the above, the instant petition is disposed of

so also the pending application(s), if any.

                      r              to Jyotsna Rewal Dua
                                                  Judge

    27th April, 2023
    (CS)