Extracted from the PDF above. The PDF is authoritative.
2026:HHC:23570 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 9608 of 2026 Date of decision: 19.06.2026 Bhawna Verma & Ors. …Petitioners Versus State of H. P. & Ors.
…Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting? For the Petitioners: Mr. Kush Sharma, Advocate. For the Respondents: Mr. Arsh Rattan, Deputy Advocate General, for respondents No. 1, 2 & 4- State. Mr. Prantap Sharma, Advocate, for respondent No. 3. G. S. Sandhawalia
, Chief Justice (Oral)
The present writ petition arises out of the order dated 13.03.2026 (Annexure P-8), whereby the Additional Chief Secretary- cum-Financial Commissioner (Revenue), had dismissed the application of the present writ petitioners filed under Order 1 Rule 10 of the Code of Civil Procedure for their impleadment in the proceedings, which were preferred by the Himalayan Integrated Education Society against the order passed by the District Collector, Shimla, H.P., dated 06.07.2024. Vide said order, the prayer for issuance of No Objection Certificate (NOC) for grant of government land on lease basis was rejected under the provisions of the Himachal Pradesh Lease Rules, 2013.
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2.
Learned counsel for the writ petitioners submits that the petitioners as such are the employees of the erstwhile school, both teaching and non-teaching and are necessary parties for adjudication of the matter since the school has heritage value as such. The dispute regarding the land, which now stands vested with the State vide order dated 19.08.2015, is also pending
consideration.
3. It is further submitted that the Society itself had no objection if the petitioners as such were also impleaded as necessary party to the proceedings before the Additional Chief Secretary-cum-Financial Commissioner (Revenue) to the Government of Himachal Pradesh and necessary consent had also been given before the Court concerned, but in spite of that, the application had been dismissed.
4. It is also submitted that the dismantling work of the damaged structure of the premises of Block ‘A’ to Block ‘D’ has also been given to the contractor on 08.06.2026 (Annexure P-9) subject to deposit of Rs. 13,54,000/-.
5. It is submitted that the case is now fixed for tomorrow i.e. 20.06.2026 for argument in the main case.
6. Keeping in view the background of the case as such and the fact that the Collector himself in the order had rejected the application for issuance of NOC on the ground that there is a dispute inter se the teaching and non-teaching staff and there is multiple litigation and the school is closed, we are of the considered
3 2026:HHC:23570 opinion that it would be in the interest of justice, if the petitioners are also heard in the matter as necessarily their right as such of avocation would be taken away if the school is not allowed to function, more so, especially when the Society itself has no objection.
7.
Learned counsel for the State is not in a position to controvert the said position.
8. In such circumstances, we are of the considered opinion that the order dated 13.03.2026 (Annexure P-8) is not sustainable and is accordingly quashed.
9. The petitioners herein shall be impleaded under Order 1 Rule 10 CPC as respondents, as prayed for, before the said authority and shall be accordingly heard as it would effectively resolve the issue in a composite manner.
10. The demolition as such of the premises shall remain stayed till the proceedings are concluded. Needless to say that the matter be decided expeditiously within a period of two months from today.
11. The present writ petition is disposed of, so also pending applications, if any.
(G. S. Sandhawalia)
Chief Justice (Jiya Lal Bhardwaj) 19th June, 2026
Judge (Sanjeev)