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High Court of Punjab and HaryanaRFA/1624/2016disposed of

Chander Bhan v. State Of Punjab Etc

2016-05-242 pages

RFA No.1624 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

RFA No.1624 of 2016 (O&M) Date of Decision : 24.5.2016 Chander Bhan ......Appellant Vs.

State of Punjab and another ......Respondents ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr. Manish Kumar Singla, Advocate for the appellant. ...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J CM No.6074-C1 of 2016 Application is allowed as prayed for.

CM stands disposed of.

CM No.5107-C1 of 2016 in/and RFA No.1624 of 2016 Applicant seeks condonation of delay of 1807 days in filing the appeal.

Learned counsel for the applicant submits that the present appeal is squarely covered by the order dated 27.1.2016 passed by this court in RFA No.3367 of 2011 (Sadhu Ram Vs. State of Punjab). Notice of motion.

On the asking of the court, Sh. Yatinder Sharma, Addl. A.G., Punjab, accepts notice on behalf of the State of Punjab and after going GREESH SAHNI 2016.05.25 10:18 I attest to the accuracy and integrity of this document Chandigarh

RFA No.1624 of 2016 (O&M) through the record fairly states that the present appeal is covered by the order dated 27.1.2016 passed by this court in Sadhu Ram's case (supra). After hearing learned counsel for the parties, application for condonation of delay is allowed for the reasons stated therein. Delay of 1807 days is condoned. However, in view of the law laid down by the Hon'ble Supreme Court in Imrat Lal and others Vs. Land Acquisition Collector and others, 2015 (1) SCC (Civil) 242, the applicant-appellant shall not be entitled for interest for this period of 1807 days in filing the appeal.

After hearing learned counsel for the parties and going through the record of the case, present appeal has been found to be covered by the order dated 27.1.2016 passed by this court in Sadhu Ram's case (supra). In view of the above, present appeal is ordered to be disposed of in terms of the order dated 27.1.2016 passed by this court in RFA No.3367 of 2011 (Sadhu Ram Vs. State of Punjab). Disposed of, accordingly.

24.5.2016 (RAMESHWAR SINGH MALIK) GS JUDGE GREESH SAHNI 2016.05.25 10:18 I attest to the accuracy and integrity of this document Chandigarh