2026:HHC:8888 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 16144 of 2025 Decided on: 23 rd March , 2026 ____________________________________________________________ Mohan Musafir ....Petitioner Versus The Revisional Authority-cum-Secretary, HPPWD & others ...Respondents _____________________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting? 1 For the petitioner: Mr. Chandranarayana Singh, Dr. Nidhi Singh, Mr. Anshul Gandhi and Mr. Ramesh Kumar, Advocates. Mr. Gobind Korla, Additional Advocate General, for the respondents. G.S. Sandhawalia , Chief Justice (Oral) The challenge in this CWP is to the order dated 04.06/25.07.2025 (Annexure P-13), whereby the Secretary (PWD) while exercising the powers of the Revisional Authority dismissed the revision petition. 2. In a connected PIL we had directed that the decision in the Revision Petition involves right of petitioner, who is stated to have constructed a house over the land in khasra No. 252, which is stated to 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:8888 be on RD. 223/290 on NH-05 in khasra No. 253. 3. Apparently, when the matter came up before the learned Single Judge it was demonstrated that a wrong picture had been projected before the Court while hearing the PIL, that the Revisional Authority had decided the revision itself on 21.07.2025. In such circumstances the learned Single Judge has noticed that the case had never been decided on 21.07.2025 therefore the Division Bench could not have been informed that the revision was decided on that date. As per the proceedings the signature was appended by officer on 25.07.2025. It is also to be noticed that there is another ambiguity regarding the passing of the said order, since the heading of the case talks about Revision Petition No. 01 of 2025, decided on 04.06.2025. If that was the position then this Court would have been apprised of the said fact on 21.07.2025 itself that the case was decided on 04.06.2025. 4. In such circumstances we had asked the officer to come present, as to how he would justify the passing of the said orders, since the learned Single Judge while examining the original record came to the conclusion that apparently the orders have been prepared by the lower staff. Thus it was the Secretary to justify the passing of said order and the affidavit has now been filed in which an unconditional apology has also been tendered and it is submitted that the file was dealt with online through e-office and due to the same the marking has been done 3 by the lower officials and he had signed the same on 25.07.2025 at around 11.30 AM. 5. The said affidavit nowhere justifies the statement made before this Court on 21.07.2025, that the revision was decided on that day. As noticed, it was on 04.06.2025 also there was a decision making and thus there is a major discrepancy as to when the matter was decided. We are not in a position to accept the submission as per the affidavit filed that the deponent had dictated the order on the date of hearing, as now in the explanation it has also been mentioned that the case was dismissed after hearing the petitioner on 04.06.2025. The explanation thus rendered apparently does not have any credence. Thus the findings which have been recorded by the learned Single in the earlier order on 14.10.2025 are on valid basis. 6. We are of the considered opinion that justice is not only to be done but it has to be seen to be done and the passing of quasi judicial orders cannot be delegated to the lower staff, as has been done apparently by the officer concerned holding the IAS Rank of the Secretary PWD at that point of time. 7. Resultantly, we have no hesitation to set aside the order dated 04.06/25.07.2025 (Annexure P-13) and quash the same. Let a fresh officer decide the Revision Petition No. 1 of 2025, titled as Sh.Mohan Musafir versus The confirmatory Authority-cum-Executive 4 2026:HHC:8888 Engineer NH Division HPPWD Theog, Distt. Shimla H.P. & Ors., as we have been informed that the earlier officer is no longer holding the said charge. Needful be done before the next date in CWPIL No. 16 of 2024, which has been adjourned to 05.06.2026. Present petition i.e. CWP No. 16144 of 2025, stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. ( G.S. Sandhawalia ) Chief Justice 23 rd March , 2026 ( Jiya Lal Bhardwaj ) (Anurag) Judge