The Secretary (PWD) to the Govt. of H.P. Shimla-2 vs Nardeep

Surinder Singh, Judge

Heard. The respondent/plaintiff had filed a suit for recovery of Rs. 8,95,744/- seeking damages qua the land comprised in Khasra No. 1138 measuring 0-12-86 hectare situated at Chek Jashala, Tehsil Kotkhai, District Shimla (HP). The suit was listed for filing written statement on 14th March, 2011. After the repeated opportunities, the petitioner, the defendant in the suit, did not file written statement within 90 days. Hence, the opportunity to file written statement was closed and the case was listed for PWs. Hence, the present petition.

The stand taken by the learned Counsel representing the petitioner/defendant before the learned trial Court was that despite the repeated reminders to the concerned Department, it did not respond. Noting this laxity, the learned trial Court passed the above order.

Shri A.K. Bansal, learned Additional Advocate General representing the petitioner/defendant submits that as per the information received from the concerned Department, written statement could not be prepared because of the non-availability of revenue record. Since the same was to be obtained by the State on its own instrumentality, they should have seen that the needful should have been done within the requisite time. It is not understood as to why and how the said record could not be supplied. The learned Counsel for the respondent/plaintiff submits that repeated opportunities were accorded to the petitioner/defendant since 14th March 2011 till 1st July, 2011 to file written statement. Even the Law Officer representing the office also surrendered before the learned trial Court as he was unable to file written statement for want of desired cooperation from the concerned Department, therefore, cost be ordered to be recovered from the concerned officer.

It is quite shocking how such cases are being pursued and contested in the Court by the concerned Department, but however keeping in view the facts and circumstances of the case and also the amount of damages being claimed by the respondent/plaintiff, one more and the last opportunity is accorded to the petitioner/defendant to file written statement in Civil Suit No. 10-1 of 2011 pending before the Civil Judge (Senior Division) Shimla on 21st March, 2011, on which date, the suit is stated to be fixed in the learned trial Court, on depositing an amount of Rs. 5,000/-on the same day as cost and the defendant-State is at liberty to recover it from the defaulting Officer. To this extent, the impugned order stands modified. Accordingly, the petition stands disposed of, so also pending application(s), if any. Copy dasti to the learned Additional Advocate General.