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2026 DAILYLAW 4254 (HP)

ISHAN SHARMA v. THE STATE OF HP AND OTHERS

CWP/5108/2026 · 2026-04-28

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5108 of 2026 Decided on: 28.04.2026 Ishan Sharma. .…Petitioner. Versus State of H.P. and Ors. …Respondents. Coram The Hon’ble Mr. Justice Gurmeet Singh Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vinay Sharma, Advocate. For the respondents : Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1 to 4/State. :Mr. Surender Sharma, Advocate, for respondent No.5. G.S. Sandhawalia, Chief Justice (Oral) Petitioner seeks relief for quashing the final notification dated 20.02.2026 regarding Gram Panchayat Dhaliara (Annexure P-1) and to reconsider the objections 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2026:HHC:14193 ) submitted by the petitioner. On 23.04.2026, the following facts were brought to our notice:- “Counsel for the State has pointed out that on an earlier occasion CWP No.2360 of 2026 had also been filed by the same petitioner for the same relief. The same was withdrawn vide order dated 06.03.2026. Thereafter, the present petition was filed on 08.04.2026. It is stated in the petition that the petitioner has not filed any other petition on the same and similar grounds neither before this Hon’ble Court nor any other Court/authority including the Hon’ble Supreme Court of India. Faced with this situation, counsel for the petitioner seeks time to get necessary instructions. List on 28.04.2026.” 2. We have gone through the order dated 06.03.2026, passed in the earlier Civil Writ Petition No. 2360 of 2026, the same reads as under:- “Learned counsel for petitioner, under instructions, submits that petitioner would be satisfied in case he is permitted to withdraw this petition with liberty to approach competent authority for redressal of his grievance including assailing the communications dated 18.02.2026 [Annexure R-V & Annexure R-VI] issued by Deputy Commissioner, Kangra, as permissible under law. 2. Accepting the prayer, petition is disposed of with liberty to the petitioner to approach competent authority/ avail appropriate 3 ( 2026:HHC:14193 ) remedy available under the law for redressal of his grievance including assailing Annexure R-V & Annexure R-VI, as provided under the provisions of Himachal Pradesh Panchayati Raj Act, 1994. Pending application(s), if any, shall also stand disposed of in same terms.” 3. Once the petitioner himself withdrew the writ petition on 06.03.2026 with liberty to approach the competent authority for redressal of his grievance, no plausible reasons, as such, arises to file a second writ petition just after a month. Even if such remedy had not been availed, it was the bounden duty of the petitioner to mention the fact of earlier proceedings, therefore, it is apparent concealment at the hands of the petitioner. 4. Accordingly, we dismiss the present writ petition on the ground of the aforesaid facts, however, we refrain from imposing any costs. 5. The present petition is, accordingly, disposed of, so also the pending miscellaneous application(s) if any. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 28th April, 2026(sushma) 4 ( 2026:HHC:14193 )