Anjana Rani And Ors vs State Of Himachal Pradesh And Ors
2023 Latest Caselaw 13180 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                  .

                                                  CWP No. 1348 of 2018
                                             Date of Decision: 8.9.2023
    _____________________________________________________________________





    Anjana Rani and Ors.
                                                                 .........Petitioners
                                     Versus
    State of Himachal Pradesh and Ors.
                                                                .......Respondents





    Coram
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?
    For the Petitioners:  Mr. Ajay Sharma, Senior Advocate with Mr.
                          Atharv Sharma, Advocate.

    For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
                          B.C. Verma, Additional Advocates General

                          with Mr. Ravi Chauhan, Deputy Advocate
                          General, for respondents/State.
                          Mr. Jagan Nath, Advocate, for respondent No.
                          25.


    ___________________________________________________________________________
    Sandeep Sharma, J. (Oral)

Learned counsel for the petitioners states that since

respondent Ram Kumar, had expired on 27.9.2013, during the

pendency of the appeal, an application for bringing on record the LRs,

if any, of the deceased respondent No.12 is required to be decided by

that court only i.e. Divisional Commissioner, Dharamshala.

2. Learned counsel for the respondents also acknowledge the

factum of death of respondent-Ram Kumar and as such, they are not

opposed to the remand of the case back to the Divisional

Commissioner, Dharamshala, for deciding the issue of abatement and

thereafter, appeal.

3. Consequently, in view of the above, present petition is

.

disposed of and impugned orders dated 14.8.2003 (Annexure P-3),

29.8.2006 (Annexure P-4), 27.7.2010 (Annexure P-5), 5.5.2018

(Annexures P-7 and P-8 Colly.) are quashed and set-aside and matter

is remanded back to the Divisional Commissioner, Dharamshala, with

direction to decide the appeal afresh, but before that issue of

abatement, if any, shall be decided. Learned counsel for the parties

undertake to cause presence of their respective clients before the court

below on 7.11.2023, enabling it to proceed with the matter afresh in

terms of directions contained in the instant judgment. Pending

applications also stand disposed of accordingly.

    September 8, 2023                                (Sandeep Sharma),
    manjit                                                  Judge