IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.248 of 2024
Date of decision: 31.07.2024
The District Collect-cum-Deputy
Commissioner, Shimla. ...Petitioner.
Versus
Ram Prakash Bhardwaj & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner : Ms. Leena Guleria, Deputy
Advocate General.
For the respondents : Mr. Paras Ram, Advocate, for
respondent No.1.
Jyotsna Rewal Dua, Judge
The State is aggrieved against the order
12.03.2024, whereby its right to file written statement has
been closed.
2. Heard learned counsel on both sides.
3. The impugned order records that despite giving
opportunities to the petitioner over a period of six months,
the written statement was not filed by the State/defendant.
Accordingly, its right to file the same was closed.
4. In view of the callous attitude shown by the
petitioner-State (defendant) in not filing the written
1
Whether reporters of Local Papers may be allowed to see the judgment? Yes
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statement, the impugned order striking off defence of the
petitioner cannot be said to be suffering from any illegality.
5. Learned Deputy Advocate General contended that
there was a communication gap between the office of learned
Assistant District Attorney, Kinnaur at Rampur and the
competent authority, in respect of filing of the written
statement. It was on account of this reason that the written
statement could not be filed. Learned Deputy Advocate
General prayed for grant of one more opportunity for filing
the written statement. This prayer has not been seriously
opposed by the learned counsel for the respondents.
Taking a holistic view of the matter, keeping in
mind the submissions made by the learned Deputy Advocate
General and in the interest of justice, it is deemed
appropriate to grant the petitioner one more opportunity to
file the written statement. However, this shall be subject to
the payment of costs of Rs.2,500/- to the respondents/
plaintiffs. The cost shall be paid by the petitioner/ defendant
before the learned Trial Court on the next date of hearing
when the written statement shall also be filed. It is made
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clear that this shall be the final opportunity made available
to the petitioner for the aforesaid purpose.
The parties, through their learned counsel, are
directed to appear before the learned Trial Court on
28.08.2024. It is also clarified that if the written statement is
not filed and the cost is not paid on the next date, the
learned Trial Court shall proceed further in the matter in
accordance with law.
Accordingly, this petition is disposed of. Pending
miscellaneous application(s), if any, shall also stand disposed
of.
Jyotsna Rewal Dua
31th July, 2024 Judge
( )
Pardeep