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2025 DAILYLAW 30800 (HP)

SHIVANI GARG v. THE STATE OF HP AND OTHERS

CWP/15928/2025 · 2025-10-10

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:34432 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15928 of 2025 Decided on : 10.10.2025 Smt. Shivani Garg …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. Ajay Kumar Dhiman, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, filed under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the following relief:- “a) Issue a writ of mandamus or any other appropriate writ/order/direction directing the Additional Principal, Judge Family Court Hamirpur (HP) to dispose Case of petitioner bearing No. HMA No. 274/2022 titled as Shivani Garg Vs. Vishal within a time bound period as per section 21-B of 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:34432 HMA within a period of six months.” 2. A three Judge Bench of the Hon’ble Supreme Court of India in Radhey Shyam and another Versus Chhabi Nath and others, (2015) 5 Supreme Court Cases 423, has been pleased to hold that Judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. 3. Otherwise also, the supervisory jurisdiction which is vested in the High Court qua the Courts and Tribunals subordinate to it, is vested under Article 227 and not under Article 226 of the Constitution of India. Therefore, obviously, no direction as is being prayed for by the petitioner, can be issued under Article 226 of the Constitution of India and the petition being misconceived, is dismissed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 10, 2025 (Shivank Thakur)