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2026 DAILYLAW 26922 (HP)

INDIRA SHARMA v. STATE OF HP AND OTHERS

FAO(OS)/20/2026 · 2026-09-30

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO (OS) No.20 of 2026 Date of Decision : 30.09.2026 Indira Sharma …… Appellant Versus The State of Himachal Pradesh and others …… Respondents Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Appellant : Mr. Mehar Chand Thakur, Advocate. For the Respondents : Mr. Gobind Korla, Additional Advocate General, for respondents No.1 to 4-State. Mr. M.L. Sharma, Advocate, for respondent No.5. G.S. Sandhawalia, Chief Justice (Oral) The present appeal is directed against the impugned order dated 24.08.2026, passed by the learned Single Judge, in CMP No.20778 of 2026 (in CWP No.10455 of 2024), titled Indira Sharma vs. State of H.P. and others, whereby, the learned Single Judge has dismissed the application on the ground that the interim relief cannot be granted as the relief sought was the main relief claimed in the writ petition. The learned Single Judge came to the conclusion that the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 main petition (CWP No.10455 of 2024) had been admitted for regular hearing and directed the matter to be listed for hearing in due course. 2. Counsel for the petitioner has submitted that similar relief has been granted by the learned Single Judge, in CWP No.8208 of 2025 titled Arvind Pal and others vs. State of Himachal Pradesh and others, vide judgment dated 20.07.2026 and the matter is squarely covered by the notification dated 28.03.2016. 3. Learned Additional Advocate General, on the other hand, has submitted that the State is in the process of filing Letters Patent Appeal in the said case and has distinguished the interim orders dated 19.06.2026, passed by us in LPA No.399 of 2024, titled State of H.P. and others vs. Pallavi Chauhanh & another a/w connected matters. 4. We have gone through the writ record. It is apparent that the pleadings are complete in the petition (CWP No.8208 of 2025), apart from the replication, which is to be filed to the reply filed by respondent No.5. 5. Accordingly, we are of the considered opinion that since the matter if so covered, can be decided. So let the pleadings be completed by the appellant and then she can file an appropriate application before the learned Single Judge for disposal of the case, in terms of the decision in Arvind Pal (supra). Thus, there is no illegality, as such, in the impugned order dated 24.08.2026, passed by the learned Single Judge, in CMP No.20778 of 2026 (in CWP No.10455 of 3 2024), titled Indira Sharma vs. State of H.P. and others, wherein, the interim relief had been declined on a settled principle of law. 6. With the aforesaid observations, present appeal is disposed of, so also, the pending miscellaneous application(s), if any. ( G.S. Sandhawalia) Chief Justice ( Bipin Chander Negi) September 30, 2026 (KS) Judge