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2026 DAILYLAW 6393 (HP)

KAMAL KISHORE v. THE STATE OF HP AND ANOTHER

CWP/368/2026 · 2026-01-06

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.368 of 2026 Decided on: 6th January, 2026 ------------------------------------------------------------------------------------- Kamal Kishore …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Nishant Khidtta, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner has grievance against the office order dated 31.10.2025 (Annexure P-29) passed by respondent No.2. 3. When the matter was taken up in the forenoon session, taking note of Kamal Kishore Versus State of H.P. and another2 and Kamal Kishore Versus State of H.P. & 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 CWP No.8553 of 2022, decided on 18.03.2024 2 Ors.3, as also the impugned office order dated 31.10.2025 (Annexure P-29), learned Assistant Advocate General was directed to have instructions in the matter. 4. Learned Assistant Advocate General has now placed on record office instructions dated 06.01.2026 from respondent No.2 and submitted that the impugned office order dated 31.10.2025 is not in consonance with the aforesaid two decisions rendered in the writ petitions preferred by the petitioner, therefore, the said office order be treated to be withdrawn. That respondent No.2 shall consider the case of the petitioner in terms of afore two decisions afresh in accordance with law and appropriate order shall be passed within four weeks from today. It was also submitted that costs in terms of Kamal Kishore3, if not already paid to the petitioner, shall also be released in his favour within the aforesaid period. 5. In view of above, the present writ petition is disposed of with direction to the respondents to consider the case of the petitioner afresh in light of the aforesaid decisions in Kamal Kishore2 and Kamal Kishore3 within a period of four weeks from today. The order so passed, be also communicated to the petitioner. Costs in terms of 3 CWP No.8900 of 2025, decided on 30.05.2025 3 Kamal Kishore3 be released in favour of the petitioner within the aforesaid period, if not already paid. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua January 06, 2026 Judge Mukesh