STATE OF HIMACHAL PRADESH Vs. RAM KRISHAN
LAWS(HPH)-2021-3-31
HIGH COURT OF HIMACHAL PRADESH
Decided on March 08,2021

STATE OF HIMACHAL PRADESH Appellant
VERSUS
RAM KRISHAN Respondents

JUDGEMENT

Sandeep Sharma,J. - (1.) Since there is a delay of two years, ten months and eight days in maintaining the accompanying appeal, whereby applicants/appellants intend to lay challenge to Award dated 7.8.2015, passed by learned District Judge (Forests), Shimla in Land Reference No. 36-S/4 of 2013/12, instant application has been filed, seeking therein condonation of delay in maintaining the appeal.
(2.) By way of detailed reply to the application, aforesaid prayer made on behalf of the applicants/appellants has been seriously opposed by the non-applicant/respondent, who has categorically stated in the reply that the delay of more that 1042 days has not been explained properly and no plausible explanation qua inordinate delay in filing the appeal has been rendered on record.
(3.) Before proceeding further to decide the application at hand on its merit, it may be noticed that, having taken note of aforesaid objection raised by the nonapplicant/respondent, this Court, with a view to afford an opportunity to the applicants/appellants to explain the delay, granted time to file a supplementary affidavit and also summoned the record with regard to the legal opinion rendered by the Law Department to file appeal in this Court. On 5.7.2019, this Court, having carefully perused the record, vis-A-vis explanation rendered in the application, concluded that the applicants/appellants have not approached this Court with clean hands, rather, an attempt has been made to hoodwink the court by placing on record wrong facts, as such, this Court directed Shri Jitender Dhiman, Superintending Engineer, 14th Circle, Himachal Pradesh Public Works Department, Rohroo, to remain present in the court. Though, on 26.7.2019, aforesaid officer came present in the court, but this Court, on the vehement request of learned Additional Advocate General, granted time to file the supplementary affidavit, explaining therein the delay.;


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