Om Prakash and Others Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Om Prakash and Others Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents/competent authority to consider and decide the petitioners' representation dated 11.10.2025 (Annexure P-3) in accordance with law and taking into consideration the judgment in Mohit Sharma (CWP No.1638 of 2024, decided on 29.11.2024), within six weeks, and to communicate the decision to the petitioners.

Issue for consideration

Whether the respondents/competent authority should be directed to consider and decide the petitioners' representation dated 11.10.2025 (Annexure P-3) seeking applicability of the Mohit Sharma judgment, in accordance with law within a fixed-time schedule. +1 more

Court's answer

Writ petition disposed of with a direction to the respondents/competent authority to consider and decide the petitioners' representation dated 11.10.2025 (Annexure P-3) in accordance with law.

Ratio / Principle

The Court disposed of the petition without examining the merits of the matter; the question whether the Mohit Sharma judgment applies to the petitioners was left to be considered by the competent authority while deciding the representation.

Key takeaways

The decision on the representation was to be made taking into consideration the judgment in Mohit Sharma, within six weeks, and communicated to the petitioners.ratio¶26

Detailed headnote1 paragraphs

Writ Petition disposed of. Petitioners sought a direction to the respondents/competent authority to decide their representation dated 11.10.2025 (Annexure P-3) seeking applicability of the judgment in Mohit Sharma & Anr. v. State of H.P. (CWP No.1638 of 2024, decided on 29.11.2024), which had remained undecided. Without examining the merits, the High Court directed the respondents/competent authority to consider and decide the representation in accordance with law, taking into consideration the Mohit Sharma judgment, within six weeks, and to communicate the decision so arrived at to the petitioners. Pending miscellaneous applications, if any, also stood disposed of.

1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.19394 of 2025

Decided on: 10.12.2025.

---------------------------------------------------------------------------- Om Prakash and others …..Petitioners

Versus

State of H.P. and others

.....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioners: Mr. Harmohan Thakur, Advocate vice Mr. Kush Sharma, Advocate.

For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General.

Jyotsna Rewal Dua, Judge

Notice. Mr. Y.P.S.Dhaulta, learned Additional

Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of learned counsel for the parties, the matter is heard at this stage.

3. Petitioners’ grievances are that their representation dated 11.10.2025 (Annexure P-3) seeking applicability of Mohit Sharma & Anr. Versus State of

H.P. & Ors.² has not been decided till date by the

respondents/competent authority. Learned counsel for the

1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

2 CWP No.1638 of 2024, decided on 29.11.2024

2

petitioners submitted that the petitioners would be content in case the respondents/competent authority(s) are directed to consider and decide the aforesaid representation in accordance with law within a fixed-time schedule. Learned Additional Advocate General is not averse to this prayer.

4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioners dated 11.10.2025 (Annexure P-3) in accordance with law as well as taking into consideration the above judgment in the case of Mohit

Sharma² within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

Jyotsna Rewal Dua Judge

December 10, 2025 yogesh