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2026 DAILYLAW 120 (HP)

DEEPINDER KUMAR SINGLA AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/47/2026 · 2026-01-02

Sandeep Sharma

body2026

Judgment text

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2026:HHC:665 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.47 of 2026 Date of Decision: 02.01.2026 _____________________________________________________________________ Deepinder Kumar Singla and Others ……...Petitioners Versus State of H.P. and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? ________________________________________________________________________ For the Petitioners: Mr. Sunil Mohan Goel, Sr. Advocate, with Mr. Abhinav Mohan Goel, Adovcate. For the Respondents:Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents No.1 & 2/State. Mr. Adarsh K. Vashisht, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioners have prayed for following main reliefs: “a) That this Hon'ble Court may be pleased to issue writ of mandamus directing the respondents to decide the objections raised by M/s Motia Developers Pvt. Ltd. on its own behalf and on behalf of the petitioners against the proposed notification dated 23.11.2024 of declaring Municipal Council Baddi as Municipal Corporation, Baddi, especially in view of the fact that this Hon'ble Court vide judgment dated 18.12.2025 in CWP No. 462 of 2025 titled Gram Panchayat Haripur Sandholi Vs. State of H.P. & Ors. had been pleased to quash and set aside notification dated 23.12.2024 declaring Municipal Council, Baddi as Municipal 2026:HHC:665 -2- Corporation, Baddi with the further direction to hear the objections of Gram Panchayat Haripur Sandholi and passed reasoned and speaking order. b) That this Hon'ble Court may be pleased to issue writ of mandamus directing the respondents to include the petitioner's area within the limits of the Municipal Council, Baddi as well as Municipal Corporation, Baddi.” 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General and Mr. Adarsh K. Vashisht, Advocate. 3. Precisely, the grouse of the petitioners, as has been highlighted in the petition and further canvassed by Mr. Sunil Mohan Goel, learned Senior Counsel representing the petitioners is that objections filed by the petitioners, being resident of Motia Plaza Commercial Complex built by M/s Motia Developers Pvt. Ltd., situate at Baddi, have not been decided till date, as a result thereof, right of the petitioners for being included in proposed Municipal Corporation, Baddi, instead of Municipal Council, Baddi, is being defeated. 4. It emerges from the pleadings adduced on record by the petitioners, which are duly supported by affidavit, that prior to 2026:HHC:665 -3- issuance of Notification dated 23.12.2024, whereby Municipal Council, Baddi was converted to Municipal Corporation, Baddi, M/s Motia Developers Pvt. Ltd., who is developer of shopping plaza, shops whereof are presently being occupied by the petitioners herein had approached this Court by way of CWP No.602 of 2025, titled as M/s Motia Developers Private Limited Vs. State of H.P. and Others, but the same was disposed of reserving liberty to the petitioners herein to file fresh writ petition. 5. Since Division Bench of this Court in afore writ petition was of the view that M/s Motia Developers Private Limited has no locus to file the writ petition, petitioners herein have approached this Court in the instant proceedings, praying therein for similar relief that their objections qua their exclusion from the proposed Municipal Corporation be heard and decided at an early date. It also emerges from the pleadings that Notification dated 23.12.2024, whereby Municipal Council, Baddi, has been converted to Municipal Corporation, Baddi, has been quashed and set aside by the Division Bench of this Court in CWP No.462 of 2025, titled as Gram Panchayat, Haripur Sandholi and Others Vs. State of H.P., as a result thereof, Municipal Council, Baddi, continues to exist. 2026:HHC:665 -4- 6. Since vide afore judgment dated 18.12.2025, direction has been issued to respondents to decide the objections, raised by the petitioners in afore case, qua their inclusion, prayer has been made on behalf of the petitioners to issue similar directions to respondents to consider and decide their pending objections with regard to their exclusion. Since on account of passing of judgment dated 18.12.2025 in CWP No.462 of 2025, Municipal Council, Baddi, continues to exist, coupled with the fact that direction already stands issued to respondents to decide the objections filed by the residents of Gram Panchayat, Haripur Sandholi, this Court sees no impediment inasmuch as issuing directions to respondents to consider and decide the pending objections of the petitioners (available at page No.119 of the paper-book). 7. Learned Additional Advocate General representing the respondent-State and Mr. Adarsh K. Vashisht, Advocate, representing respondent No.3, have no objection to aforesaid innocuous prayer made on behalf of the petitioners. 8. Consequently, in view of the above, present petition is disposed of, with the direction to respondent No.1 to consider and decide the pending objections of the petitioners in accordance with law expeditiously, preferably, on or before 10.01.2026, as has been 2026:HHC:665 -5- directed by the Division Bench of this Court in CWP No.462 of 2025. Needless to say, authority concerned while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioners and pass appropriate orders thereupon. Pending applications, if any, also stand disposed of. January 02, 2026 (Sandeep Sharma), (Rajeev Raturi) Judge