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KARAM CHAND . v. STATE OF HIMACHAL PRADESH PWD SECRETARY PWD

Supreme Court of India | Diary 10208/2015

Status

ROP - of Main Case

Decided On

27-10-2017

Bench

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL and HON'BLE MR. JUSTICE UDAY UMESH LALIT

Petitioner

KARAM CHAND .

Respondent

STATE OF HIMACHAL PRADESH PWD SECRETARY PWD

Primary Holding

Under Section 28-A of the Land Acquisition Act, 1894, delay in seeking re-determination of compensation is condonable in appropriate cases, subject to forfeiture of interest for the delayed period.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 17323 of 2017 (Arising out of SLP (C)No.14700 of 2015) KARAM CHAND (DEAD) BY LRS. & ANR. Appellant(s) VERSUS STATE OF HIMACHAL PRADESH & ANR. Respondent(s) O R D E R Leave granted. We have heard learned counsel for the parties. The appellants sought determination of compensation at par with the compensation awarded to others covered by the same notification under Section 28-A of the Land Acquisition Act, 1894. The said prayer having been rejected on the ground of delay, this appeal has been preferred. We are of the view that even though limitation is prescribed and it is expected that the aggrieved party takes remedies within such prescribed time, the delay can be extended in appropriate cases. Subject to declining the interest for the delayed period, the compensation can be re-determined and paid to the appellants. Accordingly, we set aside the impugned order and remand the matter to the Collector for re-determination of the compensation in above terms. The appeal is disposed of. ..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, October 27, 2017.

ITEM NO.4 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 (Arising out of impugned final judgment and order dated 12-05-2014 in CMPMO No. 4251/2013 passed by the High Court Of Himachal Pradesh At Shimla) KARAM CHAND (DEAD) By LRS. & ANR. Petitioner(s) VERSUS STATE OF HIMACHAL PRADESH & ANR. Respondent(s) Date : 27-10-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Ravi Bhusan,Adv. Mr. Siddharth Verma,Adv. Mr. Abhishek Vikas, AOR For Respondent(s) Mr. D.K. Thakur,AAG Ms. Seema Sharma,Adv. Mr. Varinder Kumar Sharma, AOR Ms. Pragati Neekhra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. In terms of the signed order, the appeal is disposed of. Pending applications, if any, shall also stand disposed of. (MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER COURT MASTER (Signed order is placed on the file)

ITEM NO.8 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.2/2016, I.A.3/2016 in Petition for Special Leave to Appeal (C) No.14700/2015 (Arising out of impugned final judgment and order dated 12/05/2014 in CMPMO No.4251/2013 passed by the High Court Of Himachal Pradesh At Shimla) KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (for substitution and c/delay in filing substitution appln. and office report) Date : 17/01/2017 These applications were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI [IN CHAMBERS] For Petitioner(s) Mr. Ravi Bhushan, Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. D.K. Thakur, Adv. Mr. Varinder Kumar Sharma, Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the parties. Delay in filing application for substitution is condoned. Application for substitution is allowed. Amended memo of parties may be filed within two weeks. (ASHA SUNDRIYAL) COURT MASTER (CHANDER BALA) COURT MASTER

Chamber Matter LISTED ON: BEFORE LD. REGISTRAR COURT NO: ITEM NO: SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NOS.2 & 3 (A pplication for substitution of Legal Heirs of Petitioner No. 1 and condonation of delay in filing the substitution) IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 14700/2015 KARAM CHAND (D) & ANR. ... PETITIONERS VERSUS STATE OF H.P. & ANR. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon’ble Court on 08.05.2015, when the Court was pleased to pass the following Order:- “Delay condonded. Issue notice. ” It is submitted that show cause notice was issued on 15.06.2015 to both the respondents by registered A.D. post. Mrs. Pragati Neekhra, Advocate has filed vakalatnama/ appearance as well as counter affidavit on behalf of respondent No. 1. A.D. card duly signed has been received in respect of respondent No. 2 but no one has entered appearance on his behalf so far. It is further submitted that counsel for the petitioner has filed application for substitution of Legal Heirs of Petitioner No. 1 and application for condonation of delay of 103 days in filing the substitution application (registered as I.A. Nos. 2 & 3) and same have been placed with SLP paper books. The applications above-mentioned are listed before the Hon’ble Judge-In-Chamber with this Office Report. DATED THIS THE 19 th DAY OF December, 2016. ASSISTANT REGISTRAR

COPY TO:- Mr. Abhishek Vikas, Adv. Ch. No. Ms. Pragati Neekhra, Adv. Ch. No. ASSISTANT REGISTRAR p-1

æITEM NO.8 COURT NO.12 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A.2/2016, I.A.3/2016 in Petition for Special Leave to Appeal (C)No.14700/2015(Arising out of impugned final judgment and order dated 12/05/2014in CMPMO No.4251/2013 passed by the High Court Of Himachal PradeshAt Shimla)KARAM CHAND AND ANR. Petitioner(s) VERSUSSTATE OF H.P AND ANR. Respondent(s)(for substitution and c/delay in filing substitution appln. andoffice report)Date : 17/01/2017 These applications were called on for hearingtoday.CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI [IN CHAMBERS]For Petitioner(s) Mr. Ravi Bhushan, Adv.Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. D.K. Thakur, Adv.Mr. Varinder Kumar Sharma, Adv.Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E RHeard learned counsel for the parties.Delay in filing application for substitution is condoned.Application for substitution is allowed.Amended memo of parties may be filed within two weeks.(ASHAÂ SUNDRIYAL)COURTÂ MASTER (CHANDERÂ BALA)COURTÂ MASTER

ITEM NO.39 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 08/09/2016 This petition was called on for hearing today. For Petitioner(s) Mr.Ravi Bhushan,Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Suryanarayana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner has failed to cure the defects in the application for substitution in respect of the deceased petitioner No.1 in spite of last chance granted. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter. (M V RAMESH) Registrar SB

LISTED ON: 8.09.2016 BEFORE LD. REGISTRAR COURT NO: 2 ITEM NO: 39 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 14700/2015 KARAM CHAND & ANR. ... PETITIONERS VERSUS STATE OF H.P. & ANR. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 28.07.2016 when the Court was pleased to pass the following Order:- “Service on respondent no. 2 is complete but no one has entered appearance. Petitioner no. 1 has expired. Ld. Counsel for the petitioner has filed an application for substitution of deceased petitioner no. 1 which is found to be defective. Defects be cured within four week, as last chance. List again on 8.9.2016 ” It is submitted that no one has entered appearance on behalf of respondent no. 2. Counsel for the petitioner has not not cure the defects of application for substitution so far. Service is not complete. The matter above-mentioned is listed before the Court of Ld. Registrar with this Office Report. DATED THIS THE 07 th DAY OF SEPTEMBER, 2016. ASSISTANT REGISTRAR COPY TO: Mr. Abhishek Vikas, Adv. Ch. No. Mr. Pragati Neekhra, Adv. Ch. No. ASSISTANT REGISTRAR p-1

0ITEM NO.39 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 14700/2015KARAM CHAND AND ANR. Petitioner(s) VERSUSSTATE OF H.P AND ANR. Respondent(s)(with office report)Date : 08/09/2016 This petition was called on for hearing today.For Petitioner(s) Mr.Ravi Bhushan,Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Suryanarayana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E RLd.counsel for the petitioner has failed to cure the defectsin the application for substitution in respect of the deceasedpetitioner No.1 in spite of last chance granted. Therefore, thematter shall be processed for listing before the Hon'ble Judge inChambers for further future directions. Await orders and listthereafter. (M V RAMESH) RegistrarSB

ITEM NO.48 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR.RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (With office report) Date : 28/07/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek Vikas,Adv. Mr. Ravi Bhushan, Adv. For Respondent(s) Mr. Suryanarayan Singh, Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Service on respondent no. 2 is complete but no one has entered appearance. Petitioner no. 1 has expired. Ld. Counsel for the petitioner has filed an application for substitution of deceased petitioner no. 1 which is found to be defective. Defects be cured within four weeks, as last chance. List again on 8.9.2016. (RAJESH KUMAR GOEL) Registrar JG

Listed on 28.07.2016 Before Ld. Registrar Court No. Item No. SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 14700/2015 Karam Chand & Anr. Petitioner VERSUS State of H.P. & Anr. Respondent OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 05.05.2016, when the Court was pleased to pass the following order:- " Four weeks time as last chance is given to the Ld. Counsel for the petitioner to comply with the terms of the order dated 16.03.2016 of this Court in respect of the deceased respondent No. 1 and the respondent Nos. 2 List the matter again on 28.07.2016" It is submitted that counsel for the petitioner has on 26.07.2016 filed affidavit with proof of dasti service of respondent No. 2 and he has also filed applications for substitution and condonation of delay in filing substitution along with vakalatnama/appearance. Neither A.D. card nor unserved cover has been received from respondent No. 2 so far.p Service is not complete. The matter above-mentioned is listed before the Ld. Registrar Court with this Office Report. DATED THIS THE 27 th DAY OF JULY, 2016. ASSISTANT REGISTRAR Copy to : Mr. Abhishek Vikas,Adv. Mr. Pragati Neekhra, Adv. ASSISTANT REGISTRAR p-2/Avi

ªITEM NO.48 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR.RAJESH KUMAR GOELPetition(s) for Special Leave to Appeal (C) No(s). 14700/2015KARAM CHAND AND ANR. Petitioner(s) VERSUSSTATE OF H.P AND ANR. Respondent(s)(With office report)Date : 28/07/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Abhishek Vikas,Adv. Mr. Ravi Bhushan, Adv. For Respondent(s) Mr. Suryanarayan Singh, Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E RService on respondent no. 2 is complete but no one has enteredappearance. Petitioner no. 1 has expired. Ld. Counsel for the petitionerhas filed an application for substitution of deceased petitionerno. 1 which is found to be defective. Defects be cured within fourweeks, as last chance. List again on 8.9.2016. (RAJESH KUMAR GOEL) RegistrarJG

ITEM NO.56 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 05/05/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Suryanarayana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time as last chance is given to the Ld.counsel for the petitioner to comply with the terms of the order dated 16.03.2016 of this Court in respect of the deceased respondent No.1 and the respondent No.2. List the matter again on 28.07.2016. (M V RAMESH) Registrar SB

ÐITEM NO.56 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 14700/2015KARAM CHAND AND ANR. Petitioner(s) VERSUSSTATE OF H.P AND ANR. Respondent(s)(with office report)Date : 05/05/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Suryanarayana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E RFour weeks time as last chance is given to the Ld.counsel forthe petitioner to comply with the terms of the order dated16.03.2016 of this Court in respect of the deceased respondent No.1and the respondent No.2.List the matter again on 28.07.2016. (M V RAMESH) RegistrarSB

ITEM NO.63 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 16/03/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Ravi Bhushan, Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. Suryanaryana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the learned counsel for the petitioners for filing the affidavit in proof of dasti service of notice already issued to the respondent No. 2. Petitioner No.1 is reported to be dead. The learned counsel for the petitioners shall within a period of four weeks take appropriate steps. List again on 5.5.2016. (M V RAMESH) Registrar MG

Ú ITEM NO.63 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 16/03/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Ravi Bhushan, Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. Suryanaryana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the learned counsel for the petitioners for filing the affidavit in proof of dasti service of notice already issued to the respondent No. 2. Petitioner No.1 is reported to be dead. The learned counsel for the petitioners shall within a period of four weeks take appropriate steps. List again on 5.5.2016.Signature Not Verified (M V RAMESH)Digitally signed byMadhu Grover Registrar MGDate: 2016.03.1616:29:07 SCTReason:

ITEM NO.82 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 02/02/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhishek Vikas,Adv. For Respondent(s) Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the petitioner has stated that petitioner No.1 is died. The learned counsel shall within a period of four weeks take appropriate steps. Four weeks time, as last chance is given to the learned counsel for the petitioner to comply with the terms of the order dated 15.10.2015 of this Court in respect of the Respondent No.2. List again on 16.3.2016. (M V RAMESH) Registrar MG

æITEM NO.82 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 14700/2015KARAM CHAND AND ANR. Petitioner(s) VERSUSSTATE OF H.P AND ANR. Respondent(s)(with office report)Date : 02/02/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Abhishek Vikas,Adv. For Respondent(s) Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E RThe Ld. Counsel for the petitioner has stated that petitionerNo.1 is died. The learned counsel shall within a period of fourweeks take appropriate steps.Four weeks time, as last chance is given to the learnedcounsel for the petitioner to comply with the terms of the orderdated 15.10.2015 of this Court in respect of the Respondent No.2.List again on 16.3.2016. (M V RAMESH) RegistrarMG

ITEM NO.78 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 15/10/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Ravi Bhushan,Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. Suryanaryana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No. 1 has already filed the counter affidavit. Fresh steps for the service of notice by usual mode to the respondent No.2 shall be taken by the learned counsel for the petitioners within a period of four weeks. Dasti in addition is permitted to be served through the Ld. Standing Counsel representing the State of H.P. List again on 13.1.2016. (M V RAMESH) Registrar MG

 ITEM NO.78 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 15/10/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Ravi Bhushan,Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr. Suryanaryana Singh,Adv. Ms. Pragati Neekhra,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No. 1 has already filed the counter affidavit. Fresh steps for the service of notice by usual mode to the respondent No.2 shall be taken by the learned counsel for the petitioners within a period of four weeks. Dasti in addition is permitted to be served through the Ld. Standing Counsel representing the State of H.P.Signature Not Verified List again on 13.1.2016.Digitally signed byMadhu GroverDate: 2015.10.1516:09:32 SCTReason: (M V RAMESH) Registrar MG

ITEM NO.93 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 05/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Ravi Bhushan,adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Surya Narayana Singh,adv. Ms.Pragati Neekhra,adv. UPON hearing the counsel the Court made the following O R D E R Ms.Pragati Neekhra , Ld.counsel appears for the respondents. She seeks and is given four weeks time to file the vakalatnama and the counter affidavit. List the matter again on 15.10.2015. (M K HANJURA) Registrar SB

" ITEM NO.93 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M K HANJURA Petition(s) for Special Leave to Appeal (C) No(s). 14700/2015 KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with office report) Date : 05/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Ravi Bhushan,adv. Mr. Abhishek Vikas,Adv. For Respondent(s) Mr.Surya Narayana Singh,adv. Ms.Pragati Neekhra,adv. UPON hearing the counsel the Court made the following O R D E R Ms.Pragati Neekhra, Ld.counsel appears for the respondents. She seeks and is given four weeks time to file the vakalatnama and the counter affidavit. List the matter again on 15.10.2015. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.08.0616:53:57 ISTReason:

ITEM NO.33 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)....../2015 C No(s). 8150/2015 (Arising out of impugned final judgment and order dated 12/05/2014 in CMPMO No. 4251/2013 passed by the High Court of Himachal Pradesh at Shimla) KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 08/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Ravi Bhushan, Adv. Mr. V.K. Singh, Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (USHA BHARDWAJ) (SAROJ SAINI) AR-CUM-PS COURT MASTER

LISTED ON: 08.05.2015 BEFORE COURT NO: 11 ITEM NO: 33 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CC NO. 8150/2015 PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. /2015 WITH INTERLOCUTORY APPLICATION NO.1 (Application for condonation of delay in filing SLP) KARAM CHAND & ANR. ... PETITIONERS VERSUS STATE OF H.P. & ANR. ...RESPONDENTS OFFICE REPORT It is submitted for the information of the Hon'ble Court that the instant matter has been filed against the Judgment and Order dated 12.05.2014 of the High Court of H.P. at Shimla in Civil Miscellaneous Petition M.O. No. 4251 of 2013 alongwith application for condonation of delay in filing SLP (barred by time by 212 days) and the same has been included in SLP paper books. It is further submitted that SLP(C) No. 30934/2013 @ CC No. 16185/2013 filed against order dated 01.07.2009 in RFA 383/2006 – Annexure p-4 was listed before the Hon’ble Court on 20.09.2013 when the Court was pleased to direct issue of notice. Copy of order dated 20.09.2013 is enclosed herewith. The matter above-mentioned is listed before the Hon’ble Court with this Office Report. DATED THIS THE 7 th DAY OF MAY, 2015. ASSISTANT REGISTRAR COPY TO: Mr. Abhishek Vipas, Adv. Ch. No. 207 ASSISTANT REGISTRAR p-1

ITEM NO.33 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)....../2015 C No(s). 8150/2015 (Arising out of impugned final judgment and order dated 12/05/2014 in CMPMO No. 4251/2013 passed by the High Court of Himachal Pradesh at Shimla) KARAM CHAND AND ANR. Petitioner(s) VERSUS STATE OF H.P AND ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 08/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAMAJIT SEN HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Ravi Bhushan, Adv. Mr. V.K. Singh, Adv. Mr. Abhishek Vikas,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (USHA BHARDWAJ) (SAROJ SAINI) AR-CUM-PS COURT MASTERSignature Not VerifiedDigitally signed byUsha Rani BhardwajDate: 2015.05.0912:03:28 ISTReason:

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