1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9849 of 2026 Decided on: 31.07.2026 Subodh …..Petitioner Versus State of H.P and others ..Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Navneet Bhalla, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Following order passed in this matter on 22.06.2026 noticed the grievance of the writ petitioner:- “Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of the respondents. 2. In nutshell, the case set up by the petitioner is that one Sh. Narender Singh Bagria, on 23.02.2019, executed a Will registered as Document No. 146/2019, whereby he bequeathed his movable and immovable properties in favour of the Chief Minister Relief Fund, Government of Himachal Pradesh. However, his estate was first to devolve upon his wife, Smt. Shashi Bagria. Sh. N.S. Bagria died on 01.09.2019, and consequently, his 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 estate devolved upon Smt. Shashi Bagria, who passed away in the year 2024. Smt. Shashi Bagria, by executing a Will dated 31.10.2023, bequeathed her entire movable and immovable estate, including the property bequeathed in her favour by Sh. N.S. Bagria, in favour of the petitioner. The said Will was also a registered Will bearing No. 70/2023. Pursuant thereto, the petitioner came into possession of the property which includes Flat MIG No. 111-S, Sector-4, Parwanoo, Tehsil Kasauli, District Solan, vehicle No. HP-15A- 0363, and the bank accounts standing in the name of Smt. Shashi Bagria. Civil Suit No. 258-1 of 2025 was instituted by the State against the petitioner in the Court of learned Civil Judge (Senior Division), Kasauli, District Solan, seeking decree of permanent prohibitory injunction restraining the petitioner from withdrawing amounts from the bank accounts of Smt. Shashi Bagria and from interfering with the immovable properties which are the subject matter of Will No. 146/2019 dated 23.02.2019. A further prayer has been made in the suit for directing the petitioner to deposit in the Chief Minister Relief Fund the amounts already withdrawn by him from the bank accounts of deceased Smt. Shashi Bagria. 3 In the aforesaid civil suit, an interim order was passed by the learned Civil Court on 13.10.2025 directing the petitioner to maintain status quo regarding withdrawal of amounts from the bank accounts of Sh. N.S. Bagria and Smt. Shashi Bagria and also with respect to alienation of the immovable properties of Smt. Shashi Bagria, which are the subject matter of the Will dated 23.02.2019, till further orders. The said order reads as under: - “Office report seen. It be registered. Heard and gone through the case file. In view of the averments made in the plaint which are duly supported with an affidavit and documents, the respondent No. 1 is directed to maintain status quo regarding withdrawal of money from the bank accounts of Sh. Narender Kumar Bagdiya and Smt. Shashi Bagdiya @ Neena Bagdiya and for alienating the immovable property of Smt Shashi Bala @ Neena Bagdiya as depicted in the Will dated 23.02.2019, till further orders. Compliance of Order 39 Rule 3 Code of Civil Procedure be made forthwith and thereafter show cause notice to respondent No. 1 be issued for 31.10.2025, as to why this order be not made absolute till the disposal of main suit. It is made clear that without compliance of order 39 Rule 3 Civil. Procedure Code this order shall have no bearing whatsoever. Notice of application be also issued to proforma respondents, for the date fixed above.” 3. Learned counsel for the petitioner submits that the petitioner has abided by the aforesaid order and has filed his written statement in the civil suit. Petitioner's grievance is against the Minutes recorded on 17.12.2025 by the respondents in a meeting convened under the chairmanship of the Assistant Commissioner to the 4 Deputy Commissioner, Solan, and the action taken pursuant thereto. In terms of the Minutes and the consequential orders passed by the respondents inter alia possession of the vehicle in question has been directed to be taken from the petitioner, possession of Flat MIG No. 111-S, Sector-4, Parwanoo, Tehsil Kasauli, District Solan, has also been directed to be taken over from the petitioner. Learned counsel for the petitioner further submits that though possession of the vehicle in question is still with the petitioner, the respondents, without any authority of law and without informing the petitioner, have transferred the ownership of the vehicle in question in the name of the State. Further, over the lock put by the petitioner on the property in question, the respondents have put their own lock. Prima facie, it appears that the respondents have acted in great haste in passing the orders on the basis of the Minutes convened on 17.12.2025. The respondents had already taken legal recourse in the matter by instituting Civil Suit No. 258- 1/2025, wherein, apart from passing orders for protecting the interests of the parties with respect to the bank 5 accounts in question, the petitioner has been restrained from alienating the subject property, and the said order is stated to be continuing in force. That being the position, it is incomprehensible on what basis the respondents ordered the taking over of possession of the vehicle as well as the flat without there being any order from the learned Trial Court. In the given facts and circumstances, let the registration of the vehicle in question be reverted to the name of the petitioner. The lock put by the respondents on the property in question shall also be removed. This be carried out within four days from today. Thereafter, the petitioner shall maintain status quo qua the registration and possession of the vehicle, as also the property in question, till the next date of hearing. No third-party rights shall be created qua the aforesaid property. 4. Reply be filed within three weeks. List for further consideration on 16.07.2026.” 2. When the matter was taken up on 16.07.2026, learned Deputy Advocate General placed on record instructions dated 15.07.2026 which redressed all the grievances of the petitioner save and except the restoration of registration certificate of the vehicle in 6 question of the petitioner. Matter was accordingly adjourned to 31.07.2026. 3. During course of today’s hearing, learned Deputy Advocate General placed on record office letter dated 31.07.2026 from Assistant Commissioner (Protocol), Parwanoo, District Solan, H.P. addressed to Collector, Solan conveying that Registration Certificate (RC) of the vehicle in question has also been restored in petitioner’s favour. 4. Learned counsel for the parties have apprised that main matter is already pending adjudication between the parties before the court of learned Senior Civil Judge, Kasauli, District Solan, H.P. Since the grievances of the petitioner have now been redressed by the respondents, this writ petition accordingly, stands disposed of. However, parties shall maintain status-quo qua subject matter of the writ petition. Needless to clarify that this order shall not be construed as an opinion on merits of the matter that is pending adjudication between the parties in the learned Civil Court. The concerned learned Court shall pass orders in accordance with law in the Civil Suit without being influenced by the observations made heretobefore which are restricted only to the decision of 7 this writ petition. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua July 31, 2026 Judge yogesh