CMP(M) No. 92 of 2024.

Heard.

1. By medium of this application, the petitioners- State have sought condonation of 170 days’ delay that has crept up in filing the review petition.

2. The application is vehemently opposed by learned counsel for the respondent on the ground that no sufficient cause has been made out in the application for condoning the delay by the petitioners-State and further even the true facts have not also been disclosed therein.

3. It is not in dispute that as regards the judgment passed by this Court which is sought to be reviewed, the binding precedent of the judgment rendered by a Bench of an equal strength in LPA No. 631 of 2011 titled as State of Himachal Pradesh and others vs. Amar Dogra, decided on 05.06.2014 has not been taken note of and is clearly in conflict with the ratio laid down therein.

4. In such circumstances, the duty of the constitutional Court is to correct its error. Unless or until the Bench chooses to refer the decision rendered by a Coordinate Bench of this Court in Amar Dogra’s case (supra) to a Larger Bench, the said judgment would be binding on this Court.

5. Once that be so, obviously, the aforesaid delay in the given circumstances has to be condoned. Ordered accordingly. The application stands disposed of.

Review Petition be registered.

Review Petition No.80 of 2024.

6. Since, the judgment rendered by this Court is contrary to the judgment rendered by a Bench of an equal strength in LPA No. 631 of 2011 titled as State of Himachal Pradesh and others vs. Amar Dogra, decided on 05.06.2014, the judgment dated 29.05.2023 passed in CWP No. 2781 of 2023 titled as Janam Singh vs. State of H.P. and others, is recalled and CWP No. 2781 of 2023 is ordered to be restored to its original number.

7. The review petition is disposed of in the aforesaid terms.