Extracted from the PDF above. The PDF is authoritative.
2025:HHC:7545 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 4314 of 2025 Decided on : 25.03.2025 Saurabh and others. …Petitioners 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 : M/s Rajesh Kumar and Vishal Verma, Advocates. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-
“A. That the writ of Certiorari may kindly be issued and the proceeding pending before the Ld. Senior Judge Civil Division Kasauli in Civil Suit No. 534/1/2023 and civil miscellaneous application under
order 39( 2-A) and the appeal no. 5-S/14/2024 Reg. No. 19/2024 pending before the Distt. & Session 1Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:7545 Judge Solan may kindly be quashed and set aside as abuse of the process of law and misuse of the process of the Court. B. That the record pertaining to the Civil Suit No. 54/1/2023 and Civil miscellaneous application under
order 39 (2-A) pending before the Ld. Senior Judge Civil Division Kasauli and appeal no. 5-S/14/2024 Reg. No. 19/2024 pending before the Distt. & Session Judge Solan may kindly be called.”
2. The Hon’ble Supreme Court of India in its judgment titled Radhey Shyam & anr. Vs. Chhabi Nath & ors., (2015) 5 SCC 423, while answering reference as to whether an order of Civil Court is amenable to writ jurisdiction under Article 226 of the Constitution of India, has been pleased to hold as under:-
“29. Accordingly, we answer the question referred as follows:
"29.1. Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution;
29.2. Jurisdiction under Article 227 is distinct from jurisdiction from jurisdiction under Article 226.
29.3. Contrary view in Surya Dev Rai is overruled."”
3. In view of the said judgment of Hon’ble Supreme
3 2025:HHC:7545 Court of India, this writ petition is dismissed as not maintainable. Pending miscellaneous applications, if any, also stand disposed of.
(Ajay Mohan Goel) Judge
March 25, 2025 (Shivank Thakur)