Extracted from the PDF above. The PDF is authoritative.
1 2026:HHC:7365 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO(OS) No. 26 of 2025 & Ex. Petition No. 1110 of 2024. Date of Decision :
11.03.2026
________________________________________________________ FAO (OS) No. 26 of 2025. State of HP & others ....Appellants Versus Lakhan Pal Mahajan ...Respondent. _________________________________________________________ Ex. Petition No. 1110 of 2024. Lakhan Pal Mahajan ....Appellants Versus State of H.P.& others ….Respondents ________________________________________________________
Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1 _________________________________________________________ FAO (OS) No. 26 of 2025. For the Appellants: Mr. Gobind Korla, Additional Advocate General. For the Respondent: Ms. Ranjana Pathania,
Advocate. _________________________________________________________ 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 Ex. Petition No. 1110 of 2024. For the Petitioner : Ms. Ranjana
Pathania, Advocate. For the Respondents: Mr. Gobind Korla, Additional Advocate General. _______________________________________________________ G.S. Sandhawalia
, Chief Justice
(Oral)
FAO (OS) No. 26 of 2025 is directed against the order dated 09.10.2025, passed by the learned Single Judge in Execution Petition No. 1110 of 2024, titled as Lakhan Pal Mahajan Vs. State of Himachal Pradesh & others, whereby the salary of the Engineer-in-Chief, HP PWD was ordered to be attached. 2. The said Execution Petition had arisen out of the order dated 03.07.2024, passed in Civil Writ Petition No. 7870 of 2023, whereby letter dated 02.07.2024 had been placed on record showing that the bills in respect of arrears of pay revision of the petitioner amounting to Rs.7,19,690/- had been prepared and processed to the Treasury Office. 3. It is not disputed that Review Petition No. 129 of 2025 against the order dated 03.07.2024, passed in Civil Writ Petition No. 7870 of 2023, which is
3 subject matter of the Execution Petition No. 1110 of 2024, was also pending before the learned Single Judge. 4. The learned Single Judge vide order 22.12.2025 had subsequently allowed the Review Petition and restored the case to its original number and directed it to be listed alongwith Civil Writ Petition No. 2108 of 2023, titled as Bhagat Ram Vs. Himachal Road Transport Corporation and others. 5. It is also to be noticed that vide order dated 24.04.2024, passed in Civil Writ Petition No. 7870 of 2023, the learned Single Judge had kept the matter for compliance, whereby the amount of Rs.7,19,690/- was still payable to the petitioner, and therefore, on account of the said order being enforced, the State is before this Court by way of FAO (OS) No. 26 of 2025. 6.
Thus, keeping in view the fact that the Review Petition has been allowed and the order dated 18.10.2023, passed in Civil Writ Petition No. 7870 of 2023 has been recalled, we are of the considered opinion that the compliance of order dated 24.04.2024 cannot now be enforced. 4
7. Resultantly, we allow the present appeal and the order dated 09.10.2025, passed by the learned Single Judge in Execution Petition No. 1110 of 2024, is set aside. 8. Consequently, the Execution Petition is rendered infructuous keeping in view the fact that the matter has been re-opened as such and is still pending. Accordingly, the same is also disposed of, as having become infructuous. 9. Pending application(s), if any, also stands
disposed of.
(G.S. Sandhawalia)
Chief Justice.
March 11, 2026
(Bipin C. Negi) (hemlata)
Judge.