Item No. S-10 Tilak Raj & others Vs. State of H.P. & others. CMP No. 24572 of 2025 13.10.2025 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Narender Reddy, Advocate, for the applicants/appellants. Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No. 1 to 4. Mr. Ankush Dass Sood, Senior Advocate with Mr. Nand Lal Thakur and Mr. Ankit Dhiman, Advocates, for respondents No. 6 & 7. CMP No. 24572 of 2025 Challenge in the present appeal is to the interim order dated 07.10.2025, passed by the learned Single Judge in CWP No. 15675 of 2025, titled Narinder Kumar & others Vs. State of Himachal Pradesh & others, wherein the directions had been issued to the respondents-State to restore the earlier existing Chail Janjehli Dhar road, which was washed away in the recent cloudburst on 30.06.2025. The learned Single Judge had further directed that the order passed by the Civil Court will not come in the way of the State in restoring the road that was washed away as it was only the restoration of the old existing road. 2. The present appellants as such had filed an application under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as party respondents in the writ petition and also in the earlier suit for the relief of mandatory injunction restraining the defendants-State not to construct Dhar link road (Pandavshilla to Rushada Gad). 3. Learned Counsel for the appellants has thus contended that the learned Single Judge while passing the order as such has nullified the interim injunction granted by the Civil Court on 25.09.2025 in their favour. It is further submitted by referring to the Site Plan annexed at Page No. 118 of the paper book, which is apparently filed alongwith the reply by the State to the writ petition, that on account of the culvert across the stream and heavy rainfall, water has surged towards the private land of the present appellants, which has destroyed their houses. 4. It is the argument as such that the road on left bank is passing after point 0120 before it comes on to the Mandi Gaggal Chail Janjehli road from the private land of the present appellants. It is further submitted that on the other side of the water stream also, the land belongs to the present appellants and if the culvert is not there and the road is linked to the main road from the other bank, there would be redressal as such of the issue as the water will freely flow and they are willing to exchange the land accordingly. 5. Reference has also been made to the various photographs placed on record to show the devastation which has been caused. 6. Learned Advocate General submits that feasibility can be examined by the competent Authority to reach at a solution. Accordingly, let a status report be filed by an Officer of the rank of Superintending Engineer, who would take the help of the necessary revenue record as such to ascertain the ownership and suggestion made as put forth by the learned Counsel and if the first suggestion is not feasible, then secondly to see if a bridge can be constructed across the stream to resolve the issue. 7. Keeping in view the fact that since the learned Single Judge, who has passed the order, had visited the spot personally being the Administrative Judge of Mandi District to make an effort to restore the functioning of Court at Thunag which was also affected by the flash flood, we are of the considered opinion that the order which has been passed, is not liable to be stayed as the only effort is to restore the road connectivity Resultantly, the State shall make an effort to restore the connectivity as such of the pathway/culvert as the proposal which is now sought to be put forth, is a long-term solution. 8. Accordingly, the application for leave to appeal is allowed. 9. Appeal be registered. 10. Notice. Mr. Rakesh Dhaulta, learned Additional Advocate General, accepts notice for respondents No. 1 to 4 and Mr. Ankit Dhiman, Advocate, accepts the same for respondents No. 6 & 7. Notice be issued to respondent No. 5 and 8 to 10, returnable within three weeks, on taking steps within one week. List on 17.11.2025. (G.S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge October 13, 2025 (hemlata)