Extracted from the PDF above. The PDF is authoritative.
2025:HHC:45133
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 20396 of 2025
Decided on: 23.12.2025 Shivansh Sharma
… Petitioner
Versus
State of H.P. and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Bhuvnesh Sharma, Senior
Advocate with Ms. Vishali Lakhanpal,
Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional
AG. Ajay Mohan Goel, Judge (Oral)
Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. By way of this writ petition, the petitioner has prayed for quashing of order dated 26.11.2025 (Annexure P-11), in terms whereof, the bonafide Himachali Certificate of the petitioner has been quashed by the Authority. 3. Learned Senior Counsel appearing for the petitioner has drawn the attention of the Court to Annexure P-9, i.e. order dated 27.11.2025, passed by this Court in CWP No. 18666 of 2025, titled as Shivansh Sharma vs. State of H.P. and others and submitted that
1 Whether reporters of the local papers may be allowed to see the judgment? 2
2025:HHC:45133 before the order passed by this Court could be given effect to, the Tehsildar concerned passed the impugned order. Learned Senior Counsel further submitted that though the petitioner cannot allege that the Tehsildar passed the order to circumvent the direction passed by the Court but fact of the matter is that as the petitioner was not heard by the Tehsildar concerned before passing the impugned order, therefore, it would be in the interest of justice, in case, this petition is allowed by quashing the impugned order and Tehsildar, Dadasiba, is directed to pass a fresh order after hearing the petitioner. 4. Though, the prayer made by learned Senior counsel for the petitioner is opposed by learned Additional Advocate General, however, this Court is of the considered view that order dated 26.11.2025 (Annexure P-11), appears to be a non-speaking order. Therefore, it would be in the interest of justice, in case, this petition is allowed by setting aside impugned order Annexure P-11, passed by Tehsildar Dadasiba, District Kangra, H.P. and by directing him to take a fresh call on the issue after hearing the petitioner and taking into consideration the stand of the petitioner. Ordered accordingly.
Order dated 26.11.2025, Annexure P-11, passed by the Tehsildar Dadasiba, in terms whereof, bonafide Himachali certificate issued in favour of the petitioner was quashed and set aside and the matter is
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2025:HHC:45133 remanded back to the Tehsildar with the direction that he will take a fresh call on the bonafide Himachali certificate of the petitioner after hearing him and after taking into consideration the response that may be filed by the petitioner before the Tehsildar within a period of two weeks from today. Let needful be done by the Tehsildar within six weeks from today. However, it is clarified that till final decision is taken on the bonafide Himachali certificate of the petitioner, the petitioner will not claim any benefit of said Himachali certificate. 5. As the petition has been disposed of by the Court only on technical grounds, therefore, the call to be taken by the Tehsildar, obviously, has to be on the basis of material before the Authority concerned, uninfluenced by any observation made by this Court in the adjudication of this petition. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel)
Judge December 22, 2025 (narender)