Extracted from the PDF above. The PDF is authoritative.
2026:HHC:8484 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
FAO (OS) No. 4 of 2026 Date of decision: 20.03.2026 Dr. Sunil Kumar Kakkar …Appellant Versus State of H. P. & Ors.
…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? For the Petitioner: Mr. Vinay Mehta, Advocate. For the Respondents: Mr. Gobind Korla, Additional Advocate General, for respondents No. 1 to 3. Mr. Naresh K. Sharma, Advocate, for respondent No. 4. G. S. Sandhawalia
, Chief Justice (Oral)
The challenge in the present appeal is to the interim
order dated 06.03.2026 passed in CMP No. 3623 of 2026 in CWP No. 2607 of 2026, filed by respondent No. 4, whereby the learned Single Judge has stayed the transfer order dated 02.03.2026 and the effect is that the appellant (respondent in the writ petition) would be called to continue at Block Kihar, District Chamba and the writ petitioner to continue at Block Sangrah, District Sirmaur.
2. The reasons given in the order of stay are explicit and even otherwise the appellant is stated to have filed an application for vacation of stay/interim order.
2 2026:HHC:8484
3. In such circumstances, keeping in view the fact that the case is at a nascent stage, we are of the considered opinion that where interim relief has been granted, an appeal would not be justified, since it is for the appellant (respondent in the writ petition) to complete the pleadings. He has also already filed an application for vacation of stay and the case is listed for
04.05.2026. The argument raised that the writ petition has been allowed as such is also without any basis since if relief had not been granted, the petitioner would be adversely effected.
4. In such circumstances, we do not interfere in the
order without commenting upon the maintainability of the appeal as such and the manner in which it has been filed by giving it a nomenclature of first appeal.
5. The appeal stands disposed of in the aforesaid terms, with liberty to make a mention for early listing before the learned Single Judge. Pending applications, if any, also stand disposed of.
(G. S. Sandhawalia)
Chief Justice (Bipin C. Negi) 20th March, 2026
Judge (sanjeev)