State of Himachal Pradesh vs Rajiv - 2023 Supreme(SC) 162

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2023 Supreme(SC) 162

M. R. SHAH, C. T. RAVIKUMAR
State of Himachal Pradesh – Appellant
Versus
Rajiv – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Abhimanyu Jhamba, Adv. Ms. Thonpinao Thangal, Adv. Ms. Hatneimawi, Adv. Mr. Shivam Prashar, Adv. Mr. Nikhil Jagotra, Adv. Ms. Richa, Adv. Mr. Samir Ali Khan, AOR
For the Respondent(s): Ms. Radhika Gautam, AOR

Headnote: Read headnote

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.10.2020 passed by the High Court of Himachal Pradesh in CMP (M) No.1375 of 2019 in LPA No.50 of 2020 by which the Division Bench of the High Court has refused to condone the delay in preferring the LPA against the judgment and order passed by the learned Single Judge passed in CWP No.771 of 2016, the State of Himachal Pradesh has preferred the present appeal.

2. Though the present appeal is against the impugned order passed by the Division Bench of the High Court refusing to condone the delay in preferring the LPA, instead of remanding the matter to the Division Bench to decide the appeal on merits and to consider the legality and validity of the judgment and order passed by the Hon’ble Judge, we have heard the learned counsel appearing on behalf of the respective parties on merits against the judgment and order passed by the learned Single Judge.

2.1

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