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2015 DIGILAW 194 (HP)

Naveen Kaplas v. Amar Nath

2015-03-18

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
Judgment : Mansoor Ahmad Mir, J. These Letters Patent Appeals are outcome of the judgments, passed by the learned Single Judge in CWP (T) No. 5508 of 2008 titled Amar Nath versus HRTC and others decided on 24.11.2010 and Review Petition No. 43 of 2011, titled HRTC versus Amar Nath and others, decided on 31.8.2011, for short the impugned judgments, on the grounds taken in the memo of appeals. 2. Admittedly, in LPAs No. 590 of 2011 and 652 of 2011, the appellants were not parties before the Writ Court. Leave was granted by this Court and notices were issued to the other side. 3. Admittedly, the writ petitioner has not arrayed the appellants as parties in the writ petition. 4. Without entering into the merits of the appeals and without making any observation, we are of the considered view that the impugned judgments require to be set aside and appellants are required to be arrayed as party respondents in the array of the respondents in the writ petition. Accordingly, appellants in LPAs No. 590 and 652 of 2011 are arrayed as party respondents in the writ petition. They shall figure as respondents No. 8 to 12 respectively. The learned counsel for the petitioners to file fresh memo of parties by or before 21st March, 2015 in the Registry. At this stage, learned counsel for the appellants stated at the Bar that the appeals be treated as reply to the writ petition and learned counsel for the respondents-writ petitioners stated that the reply, if any filed to these LPAs be treated as rejoinder to the main writ petition. Thus, pleadings are complete. Accordingly, LPAs No. 590 and 652 of 2011, are allowed and impugned judgments are set aside and the case is remanded. 5. List the writ petition before the learned Single Judge having the Roster on 23rd March, 2015, with the request to decide the matter, as early as possible, preferably, within one week. LPA No. 728 of 2011. 6. The impugned judgment stands set aside. Thus, the appeal in hand is disposed of. 7. All the LPAs are disposed of alongwith all pending applications, if any.