Himachal in court beats a retreat over HPCA lease deed cancellation

Shimla: The government beat a retreat before the Himachal Pradesh High Court stating that the chief minister Virbhadra Singh, SP Kangra Balbir Singh Thakur, DC Kangra C Paulrasu and Director General of Police Sanjay Kumar are not necessary parties to the case relating to forcefully taking possession of the HPCA cricket stadium in Dharmshala and ordering cancellation of its lease deed arguing that they are not concerned with the matter in their personal capacities.

The court took on record the governments reply to an application moved by HPCA seeking to make the chief minister, DGP, DC and SP Kangra as party to the case in their personal capacities.

The government after terming the HPCA plea for amendments to the original writ petition as frivolous which was meant to procrastinate the proceeding and to remain in possession of the property under dispute stated that the government decision dated 26.10.2013 to cancel lease in favour of HPCA and to take control of property had been withdrawn on November 18.

On account of this development, most of the prayers, which included making the government officials and the chief minister as respondents in their personal capacities to the case had become infructuous, the government stated in court.

The government also sought permission from the court stating that after receiving a reply form governing body members of HPCA, it be permitted to pass final orders on the matter u/s 41 of the HP Societies Registration Act, 2006 against the HPCA.

The court in its orders dated 05.11.2013 had restrained the Registrar (Cooperative Societies) to pass any final orders about the status of HPCA being considered a society or a company without leave of the court.

The government stand before the court was that nothing more is required to be done as proceedings are complete and the matter is only required to be finally determined to take it to its logical conclusion.

Before posting the matter for 4 January, 2014, the division bench of acting Chief Justice Mansoor Ahmad Mir and Justice Kuldip Singh directed HPCA to file its reply and also granted them permission to place additional documents for the courts to take cognizance of.

As Editor, Ravinder Makhaik leads a team of media professionals at Hill Post. Spanning a career of over two decades in mass communication, as a Documentary Filmmaker, TV journalist, Print Media journalist and with Online & Social Media, he brings with him a vast experience. He lives in Shimla.

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