2025:HHC:28166 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 10120 of 2025 Decided on : 20.08.2025 Pawan Kumar. …Petitioner Versus State of Himachal Pradesh and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. J.L. Bhardwaj, Senior Advocate, with Ms. Dhanwanti, Advocate. For the respondents : Mr. Sumit Sharma, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “i) That a writ in the nature of certiorari may kindly be issued to quash order dated 05th May, 2025 passed by respondent No. 1. ii) That a writ in the nature of mandamus may kindly be issued directing the respondents to place on record the proposal submitted by respondent No. 3 regarding 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28166 issuance of preventive detention of the petitioner and quash the same.” 2. Learned Deputy Advocate General has handed over to the Court, the instructions received from the Superintendent of Police, Kangra at Dharamshala, along-with which the order dated 11.08.2025, passed by the Advisory Committee was appended. A perusal thereof demonstrates that in a Reference made under Section 9(b) of the PITNDPS Act, 1988 relating to the preventive detention of the petitioner, the Himachal Pradesh State Advisory Board (PITNDPS Act, 1988) at Shimla, has upheld the detention order dated 05.05.2025 3. In light of this development, this Court is of the considered view, that as the order under challenge has now merged into the subsequent order that has been passed by the Advisory Committee, the petition in its present form cannot be adjudicated by the Court and the petitioner, if so advised, may approach the Court afresh by assailing the order that has been passed by the Himachal Pradesh State Advisory Board (PITNDPS Act, 1988) at Shimla, in accordance with law. 4. Learned Senior Counsel for the petitioner 3 2025:HHC:28166 impressed upon the Court that this Court should go into the legality of the original order under challenge. However, this Court is of the considered view that has already been observed hereinabove, because this order has now merged with the order that has been passed by the Himachal Pradesh State Advisory Board (PITNDPS Act, 1988) at Shimla, therefore, until and unless the legality of the said order is also assailed in accordance with law, the issue cannot be decided by the Court. 5. The petition is disposed of, in above-said terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 20, 2025 (Shivank Thakur)