IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. 153 of 2011. Date of decision: 25.11.2011. Kuldeep Singh & anr. …..Petitioners. Vs. The Divisional Forest Officer & anr. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Ajay Sharma, Advocate. For the Respondents : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S. Rana, Asstt. Advocate General. Kuldip Singh, Judge (Oral). No rejoinder has been filed despite last opportunity granted on 16.11.2011. The petitioners have assailed the order dated 23.8.2007 passed by learned Additional Sessions Judge (1), Kangra at Dharamshala in appeal No. 24/05/04 RBT No. 2G-N/05/04 dated 23.8.2007. 2. It has been stated that appeal could not have been dismissed in default. It has been stated that Bhagwan Dass had filed the appeal under Section 59(2) of Indian Forest Act against the order dated 19.4.2004 passed by Authorised Officer-cum- Divisional Forest Officer, Nurpur in proceedings, under section 52-A of the Indian Forest Act regarding confiscation of truck No. HIK-3850 in FIR No. Whether the reporters of the local papers may be allowed to see the Judgment? …2… 143 dated 30.6.1999. It has come on record that Bhagwan Dass had died on 11.1.2006. 3. The learned counsel for the petitioners has stated that petitioners had earlier filed an application on 8.8.2009 before the learned Addl. Sessions Judge (1), Kangra at Dharamshala for substitution of legal representatives of Bhagwan Dass and restoration of appeal dismissed on 23.8.2007. It has been stated that said application so far substitution part is concerned, was allowed but restoration of the appeal was not allowed by the learned Addl. Sessions Judge (1), Kangra at Dharamshala vide order dated 3.10.2009. In the present petition, the order dated 3.10.2009 has not been assailed. In addition, it further emerges that petitioners were aware of order dated 23.8.2009 atleast when they filed the application for substitution and restoration of appeal on 8.8.2009. The present petition has been filed on 17.8.2011. There is no explanation for delay in filing the petition atleast from the date when the petitioners filed an application for substitution and restoration on 8.8.2009. In these circumstances, the petition is dismissed, so also the pending application, if any. November 25, 2011. ( Kuldip Singh ), (Hem) Judge.l