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High Court of Himachal Pradesh · body

2025 DAILYLAW 4206 (HP)

STATE OF HP AND ANOTHER v. VISHAL DHIMAN AND OTHERS

LPA/361/2026 · 2026-07-23

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2025

Judgment text

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. Item No. D-47 State of Himachal Pradesh and another Vs. Subhash Kumar and others a/w connected matters. LPA No. 840 of 2025 a/w LPAs No. 29, 50 to 61, 348 to 355, 360 and 361 of 2026. 23.07.2026 Present: Mr. Shrawan Dogra, Senior Advocate, with Mr. Tejasvi Dogra, Advocate and Ms. Priyanka Chauhan, Deputy Advocate General, for the appellants-State, in LPAs No. 840 of 2025 and 29, 348 to 355, 360, 361 of 2026 and for the respondents-State, in LPAs No. 50 to 61 of 2026. Mr. Suneet Goel, Senior Advocate, with Mr. Vivek Negi, Advocate, for the respondents, in LPAs No. 840 of 2025 and 29, 348 to 355, 360, 361 of 2026 and for the appellants, in LPAs No. 50 to 61 of 2026. LPA No. 840 of 2025 a/w LPAs No. 29, 50 to 61, 348 to 355, 360 and 361 of 2026 Keeping in view the fact that the regularization sought in the present set of appeals, is of Computer Operators, which were allegedly overseeing the utilization of the MGNREGA funds, it would be appropriate if Union of India is impleaded as party-respondent, as already observed on 08.01.2026. 2. Accordingly, let parties to file appropriate application for impleading Union of India as party-respondent. 3. List on 03.09.2026. CMPs No. 14146, 14151, 14152, 14155, 14156, 14161, 14171 and 14268 of 2026 in LPAs No. 348 to 355, 360 and 361 of 2026. 4. The present LPAs had all been filed against a common judgment dated 01.09.2025, whereby the learned Single Judge had decided 12 cases, in which CWP No. 10354 of 2023, titled Subhash Kumar and others Vs. State of Himachal Pradesh and another, was the lead case. 5. Now, applications have been filed in all these Letters Patent Appeals, to place on record independent short Letters Patent Appeals against common judgment dated 01.09.2025, since all these appeals are arising out of CWP No. 11006 of 2023, titled Vishal Dhiman and others Vs. State of Himachal Pradesh and another, which was at Sr. No.10, as per the memo of parties, whereas, the other writ petitions are CWPs No.10354, 10398, 10587, 10771, 10772, 10775, 10801, 11004, 11005, 11007 of 2023 and 05 of 2024. 6. On an earlier occasion, when LPA No. 29 of 2026, titled State of Himachal Pradesh and another Vs. Kalpana Thakur and others, arising out of CWP No. 10775 of 2023, was filed, a miscellaneous application i.e. CMP No. 1608 of 2026, had been filed by the State, under Order 1, Rule 10 of the Civil Procedure Code, for impleading necessary and proper parties and to file a joint appeal. 7. It had been pleaded that since they had already filed a similar Letters Patent Appeal i.e. LPA No. 840 of 2025, titled State of Himachal Pradesh and another Vs. Subhash Kumar and others and stated that rest of the writ petitioners were being arrayed in the said LPA, mainly in LPA No. 29 of 2026, we had allowed the said application, but dismissed the prayer for impleadment of Union of India as party-respondent, at that point of time, with liberty to file a fresh application for impleadment of Union of India. 8. In such circumstances, we are of the considered opinion that the filing of the separate Letters Patent Appeals alongwith the application for permitting them to file independent short appeals, would frustrate the whole purpose as such, of the earlier order passed on 08.01.2026. 9. Accordingly, we dismiss all these applications and the appeals, since the original writ petitioners/respondents herein have already been brought on record as per the amended memo of parties filed in LPA No. 29 of 2026. 10. Applications and LPAs stand disposed of accordingly. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge July 23, 2026 (Shivank Thakur)