STATE OF HIMACHAL PRADESH Vs. RAJIV

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 1/10/2020 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.

(3.) Shri Abhimanyu Jhamba, learned counsel appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the learned Single Judge has materially erred in directing to initiate the process for acquisition of the land of the original writ petitioners in a writ petition which was filed after a period of 21 years from the date of the use of the land in question which was used for the construction of road.