Himachal Pradesh High Court
CMP.M/41/2021 of GENERAL MANAGER NORTHERN RAILWAY Vs ZULFI RAM AND OTHERS on 31 December 2021
31.12.2021 Present Mr. Rahul Mahajan, Advocate, for the applicant/ appellant. Mr. Sumit Sood, Advocate, for respondents No.1 and 2. Mr. Narender Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.3 and 4. By way of instant application filed under Section 5 of the
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Arguments
CMP(M)No.41 of 2021
31.12.2021 Present Mr. Rahul Mahajan, Advocate, for the applicant/ appellant.
Mr. Sumit Sood, Advocate, for respondents No.1 and 2.
Mr. Narender Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.3 and 4.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/appellant for condonation of delay in filing the accompanying appeal.
Learned counsel representing the non-applicants/ respondents fairly states that he does not intend to file any reply to the application and shall have no objection in case prayer made in the application is allowed.
Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on the account of the lengthy administrative process and as such, delay of 7 months 19 days in filing the appeal, which in my considered view has been sufficiently explained, is condoned. The appeal be registered. The application stands disposed of.
RFA No.____ of 2021 Admit.
Notice. Mr. Sumit Sood, Advocate and Mr. Narender Thakur, learned Deputy Advocate General, appear and accept post admission notice on behalf of respondents No.1, 2 and respondents No.3 and 4 respectively. Record of learned court below be called for.
List in due course.
CMP No.______ of 2021
Subject to the appellant depositing the entire award amount along with up-to-date interest, within a period of eight weeks from today, operation of the impugned award dated 18.3.2019, passed by learned Additional District Judge(II) Una, District Una, H.P., in Land Ref. Petition RBT No.56 of 2005, titled as Zulfi Ram and others Versus Land Acquisition Collector & another, shall remain stayed. Application stands disposed of. Liberty granted to the appellant to move application for seeking modification of the order if need so arises.
Dasti copy.
(Sandeep Sharma) Judge
31[st]December, 2021 (shankar)