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High Court of Punjab and HaryanaLPA/2493/2016dismissed

Banwari Lal v. State Of Haryana And ORS

2016-12-232 pages

-1LPA No.2493 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA No.2493 of 2016 (O&M) Date of decision: 23.12.2016 Banwari Lal ....Appellant

Versus

The State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Vinod S. Bhardwaj, Advocate, for the appellant(s). ***** AJAY KUMAR MITTAL, J. (ORAL) This order shall dispose of two appeals bearing LPA No.2493 and 2504 of 2016 filed under Clause X of the Letters Patent as both the appeals have been filed against the same judgment dated 28.01.2015 passed by learned Single Judge allowing a bunch of writ petitions. 2.

There is inordinate delay of 662 days in filing LPA No.2493 of 2016 and delay of 136 days in filing as well as 485 days in refiling LPA No.2504 of 2016. No satisfactory explanation has been given except to urge that some CM was filed which was dismissed as withdrawn in December, 2015 and thereafter another CM was filed in January, 2016, which was dismissed on 29.07.2016. Even thereafter, the present appeals Ravinder Singh 2017.01.09 12:48 I attest to the accuracy and authenticity of this document

-2LPA No.2493 of 2016 (O&M) are beyond limitation as period for filing the appeal is 30 days. 3.

In view thereof, in the absence of any satisfactory explanation, appeals are dismissed on the ground of delay and laches. (AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) December 23, 2016 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.01.09 12:48 I attest to the accuracy and authenticity of this document