Sushil Kumar and Another Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Sushil Kumar and Another 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 20.09.2025 (Annexure P-4) in accordance with law, taking into consideration the judgment in Mohit Sharma (CWP No.1638 of 2024, decided on 29.11.2024), within a period of six weeks, and to communicate the decision so arrived at to the petitioners.

Issue for consideration

Whether the respondents/competent authority ought to be directed to consider and decide the petitioners' representation dated 20.09.2025 (Annexure P-4), seeking applicability of the Mohit Sharma judgment, in accordance with law within a fixed-time schedule.

Court's answer

Without examining the merits of the matter, the writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the petitioners' representation dated 20.09.2025 (Annexure P-4) in accordance with law, taking into consideration the judgment in Mohit Sharma, within a period of six weeks.

Ratio / Principle

The decision so arrived at on the representation shall also be communicated to the petitioners.

Key takeaways

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.ratio¶28

Detailed headnote1 paragraphs

Writ petition (CWP No.20760 of 2025, High Court of Himachal Pradesh, Shimla; Jyotsna Rewal Dua, J.) disposed of without examining the merits. Petitioners' grievance was the non-decision of their representation dated 20.09.2025 (Annexure P-4) seeking applicability of Mohit Sharma & Anr. Versus State of H.P. & Ors., CWP No.1638 of 2024, decided on 29.11.2024. With consent of counsel and no objection from the Additional Advocate General, the respondents/competent authority were directed 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 to the petitioners. Pending miscellaneous application(s), if any, also disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.20760 of 2025

Decided on: 30^th December, 2025

Sushil Kumar and another …..Petitioners

Versus

State of H.P. and another

.....Respondents

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioners: Mr. Sandeep K. Pandey, Advocate.

For the Respondents: Mr. L.N. Sharma, Additional Advocate General.

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, 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’ grievance is that their representation dated 20.09.2025 (Annexure P-4) seeking applicability of

Mohit Sharma & Anr. Versus State of H.P. & Ors.² has

not been decided till date by the respondents/competent

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

authority. Learned counsel for the 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 20.09.2025 (Annexure P-4) 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 30, 2025 Mukesh