Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 1577 (HP)

Prithvi Chand v. Divisional Commissioner

2015-10-28

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
Judgment : Mansoor Ahmad Mir, C.J. (Oral): By the medium of instant appeal, the appellants, (respondents No.2 to 4 before the Writ Court), have challenged the judgment, dated 20th June, 2015, passed by a learned Single Judge of this Court in CWP No.8873 of 2014, titled Bachitar Singh and others vs. Divisional Commissioner, Mandi and others, whereby the writ petition filed by the writ petitioners (respondents No.2 to 4 herein) came to be allowed, Annexures P-5 and P-9, annexed with the writ petition, and subsequent proceedings carried out by the authorities, were quashed and set aside, (for short, the impugned judgment). 2. We have gone through the impugned judgment. The writ Court has clearly observed in paragraph 3 of the impugned judgment that the appellants herein were caught by the law of limitation. 3. The issue raised in the instant appeal has already been settled by this Court vide judgment dated 23rd September, 2015, passed in LPA No.53 of 2008, titled Saraswati Devi and others vs. State of H.P. and others, and applying the ratio of the said judgment to the case in hand, the impugned judgment is legal and speaking one, needs no interference. 4. Having said so, there is no merit in the appeal and the same is dismissed, alongwith pending CMPs, if any.