ASHWANI JAIN AND OTHERS v. DEPUTY COMMISSIONER-CUM-DISTRICT COLLECTOR
CMPMO/494/2022 · 2025-10-14
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32294 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32294 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:34750
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 494 of 2022
Decided on: 14.10.2025 Ashwani Jai and others
… Petitioners
Versus
Deputy Commissioner-cum- District Collector, Una
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. Sparsh Bhushan, Advocate.
For the respondent : Mr. Pushpender Jaswal, Addl. AG.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioners have inter alia prayed for the following reliefs:-
“It is, therefore, respectfully prayed that present Petition may very kindly be allowed and the order dated 05.09.2022 passed by respondent (Annexure P-6) may very kindly be quashed and set aside, in the interest of law and justice.”
2.
Learned Additional Advocate General submits that the petitioners have the alternate of appellate remedy against the impugned order, yet they have approached this Court by way of present writ petition.
3.
Learned Counsel for the petitioners submitted that as there was gross act of insubordination on the part of the Authority, who did not follow the order passed by the superior Authority, this
1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:34750
propagated the filing of the present petition.
4.
Be that as it may, in light of the fact that there is an appellate remedy available with the petitioners, as prayed for, these proceedings are closed without adjudication on merit but with the direction that if the petitioners file an appeal against the impugned
order on or before 30.11.2025, then the same shall be treated by the Appellate Authority as an appeal filed within limitation and the same shall be decided on merit. In case, appeal is filed on or before 30.11.2025, then till adjudication thereof, no coercive action shall be taken against the petitioners. However, if no appeal is filed by 30.11.2025, then the protection granted to the petitioners by way of this order shall cease to exist.
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge October 14, 2025 (narender)