2026:HHC:36598 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.293 of 2022 Decided on: 27th August, 2026 ------------------------------------------------------------------------------------- Dhuna Baba Kesar Singh and another …..Petitioners Versus Shiv Gir Chela (now deceased) (Pupil) Sh. Nihal Gir of Dhana Baba Kesar Singh and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Aman Sood, Advocate. For the Respondents: Mr. Abhimanyu Rathor and Ms. Poonam Gehlot, Advocates, for respondents No.1 to 3. Mr. L.S. Mehta, Advocate, for respondents No.4 and 5. Ms. Seema Sharma, Deputy Advocate General, for respondents No.6 and 7. Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma and Ms. Neha Shandil, Advocates, for respondent No.8. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioners had alleged breach of the interim order dated 01.12.2021 passed in CMPMO No.303 of 2021. The said order reads as under:- 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 2026:HHC:36598 “CMPMO No.303 of 2021 Notice, returnable on 14th March, 2022, on taking steps within five days, be issued to respondents. CMP No.14174 of 2021 Notice in the aforesaid terms. It is case of the petitioners that Mahant Shri Mangal Giri is successor-in-interest of defendant No. 2 Sh. Gopal Gir. But for death of defendant No. 2, he was never impleaded as party by plaintiff/respondent No. 1 and vide order dated 3.8.2021 (Annexure P-7 Colly) passed by Additional District Judge (I), Mandi, only defendant No. 3 Mahant Shiv Giri has been substituted through Mahant Sunder Puri, as there is no direction of substitution of defendant No. 2 Gopal Gir in the said order, however name of defendant No. 2 Gopal Gir has been deleted from the array of defendants/respondents as evident from the memo of parties of judgment dated 23.8.2021, passed in Civil Appeal No. 16/2007 (Annexure P-4). It is claimed by petitioners that petitioner No. 2 Mangal Gir is in physical possession of the suit property. A prima facie case is made out in favour of petitioners for passing ad interim order. Therefore, respondents, particularly respondent No. 8 Sunder Puri, are restrained from transferring, alienating, mortgaging the suit property, comprised in Khata Khatauni Number 226/389, Khasra Numbers 17, 18, 19, 20, 21, 23, 24, 25, 34, 35, 36, 37, 38, 39, 40, 43, 44, 46, 52 to 61, 63, 64, 118 to 124, 172, 173, 174, 204, 207, 1347 and 62 Kita 45 measuring 59-10-04 Bighas in Mohal Sanarli, /415, Tehsil Karsog, District Mandi, H.P. and parties are also directed to maintain status quo qua nature and possession of the suit land.” 2. Following order was passed in this matter on 06.05.2026 that took notice of the grievance of the petitioners and respective stands taken by the parties:- “Respondent No.2 has attended the hearing. 2. Learned counsel for the petitioner submits that, subsequent to the passing of the interim order dated 3 2026:HHC:36598 01.12.2021 in CMPMO No. 303/2021, whereby the respondents were restrained from transferring, alienating, mortgaging the suit property and were also directed to maintain status quo qua the nature & possession of the suit land, the respondents have breached the said directions inasmuch as the path has been constructed over the suit land, which has further been developed into a tiled road, the fencing around the suit land has also been removed, and electricity pole has been installed thereon, the respondent–Jal Shakti Vibhag has also kept water pipes over the suit land. 3. During hearing of the case, respondent No. 2 as also his learned counsel, submitted that a path already existed over the suit land, which was subsequently developed into a tiled road by the concerned Gram Panchayat, i.e., respondents No. 4 & 5. Learned counsel further submits that the electricity pole was installed by respondent No.8- H.P. State Electricity Board Ltd., for the purpose of laying down electrical lines crossing the suit land for the benefit of the public at large. 4. Learned counsel for respondents No. 4 & 5 states that the Gram Panchayat was not a party respondent in the main petition, i.e., CMPMO No. 303/2021; It was not aware of the interim order dated 01.12.2021 passed in the said petition; and, for the benefit of the public, the Gram Panchayat had only tiled the path that was in existence after approval of the expenditure by the Competent Authority. 5. Learned Additional Advocate General submits that a portion of the suit land belongs to the State Government, and it is for this reason that water pipes were kept over the said land. 6. However, assurances were given by all learned counsel for the parties that the order dated 01.12.2021 and the directions issued therein shall be complied with in letter and spirit. Let fresh affidavits, in terms of the assurances now extended, be filed by the respondents within two weeks. List on 28.05.2026.” 3. Pursuant to above order, the respondents have filed their fresh affidavits. All the respondents have 4 2026:HHC:36598 tendered their unconditional and unqualified apology. The respondents have regretted the omission on their part that led to institution of the instant contempt petition and have assured that they will strictly adhere & abide by the directions issued in the order dated 01.12.2021 passed in CMPMO No.303 of 2021. Learned Deputy Advocate General appearing for respondents No.6 and 7 also assured that the aforesaid order shall be duly adhered to and shall not be violated in any manner, whatsoever, by the official respondents, be it Public Works Department or Irrigation & Public Health Department (Jal Shakti Vibhag). 4. During hearing of the case, learned counsel for respondent No.2 has placed on record the fresh affidavit filed by this respondent, expressing his unconditional and bonafide apology. Respondent No.2 has undertaken to strictly abide by the directions passed in the main matter or that shall be passed therein in future. 5. Taking note of and accepting the unconditional apology expressed by the respondents, the present contempt proceedings are closed with clear warning that any future mis-endeavour and any violation of order dated 01.12.2021 passed in CMPMO No.303 of 2021 or any 5 2026:HHC:36598 subsequent order passed in the aforesaid matter, by the respondents shall be viewed very seriously and will entail appropriate action in accordance with law. Respondents are directed to be careful in future. Notices issued to the respondents are discharged. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua August 27, 2026 Judge Mukesh