Extracted from the PDF above. The PDF is authoritative.
2025:HHC:28365 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.876 of 2025 in CWP No.10661 of 2025 Decided on: 21.08.2025 Shiv Singh Sen
… Petitioner Versus Sh. Apoorv Devgan Ld. Collector cum Deputy Commissioner Mandi, H.P. & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. Vinod Chauhan, Advocate. For the respondents : Mr. Sumit Sharma, Deputy Advocate General, for respondent No.1. Mr. Surender K. Sharma, Advocate, for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner is alleging willful disobedience of the directions that were issued by this Court on 04.07.2025 in CWP No.10661 of 2025, titled Shiv Singh Sen Versus State of Himachal Pradesh and others.
2.
Learned Counsel for the petitioner submits that despite the petition being allowed by the Court in terms of the prayer made by the petitioner therein, a Gazette Notification was issued later on, defeating the judgment passed by the Court.
3.
Learned Counsel appearing for respondent No.2, on the other hand, apprises the Court that what has been published in the 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:28365 Gazette on 08.07.2025, in fact stood finalized on 01.07.2025 and the publication thereof in the Gazette which is a mandatory statutory formality, was done in routine and there was neither any malice on the part of the respondents when the Notification was published in the Gazette on 08.07.2025, nor there was any intent to overreach the judgment passed by the Court because it is co-incident that the
judgment is of dated 04.07.2025 and the Gazette Notification is also of dated 04.07.2025, which was ultimately published on 08.07.2025.
4. In light of the submissions made by learned Counsel for respondent No.2, this Court is of the considered view that it cannot be said that there is a willful disobedience of the Court orders. This is for the reason that the Gazette Notification has been got published by State Election Commission of Himachal Pradesh, whereas the directions in the petition were issued to the Divisional Commissioner, Mandi, H.P. and Deputy Commissioner, Mandi, H.P.. Therefore, what has been transpired can be said to be fortuitous, but not intentional.
5. Therefore, as this Court does not finds any willful disobedience of the Court order, present petition is dismissed. Notices stand discharged.
(Ajay Mohan Goel)
Judge August 21, 2025 (Rishi)