Kuldeep Rao Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Kuldeep Rao Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: judgment dated 13.10.2023 recalled; CWP No. 7643 of 2023 restored to its original number and directed to be listed alongwith CWP No. 8504 of 2025 (Madhu Deshta vs. State of Himachal Pradesh) before the Division Bench; application stands disposed of.

Issue for consideration

Whether the judgment dated 13.10.2023, which had allowed the petitioner's claim in terms of the since-recalled Division Bench judgment in CWP No. 2108 of 2023 (Himachal Pradesh Road Transport Corporation versus Bhagat Ram), should be recalled so that CWP No. 7643 of 2023 may be decided afresh on its own merit, notwithstanding the respondents' objection of inordinate delay in filing the application.

Court's answer

Since it is not in dispute that the Division Bench judgment in Bhagat Ram's case has been recalled and the matter has been ordered to be decided afresh on its own merits, the applicant/petitioner's prayer for recall of the judgment dated 13.10.2023 deserves to be allowed.

Ratio / Principle

The present application is allowed; the judgment dated 13.10.2023 passed by this Court is recalled and CWP No. 7643 of 2023 is restored to its original number.

Key takeaways

The Registry is directed to list CWP No. 7643 of 2023 alongwith CWP No. 8504 of 2025 (Madhu Deshta vs. State of Himachal Pradesh), wherein a similar issue is pending consideration before the Division Bench of this Court; the application stands disposed of.ratio¶11

Detailed headnote1 paragraphs

CMP No. 32153 of 2025 in CWP No. 7643 of 2023 (Kuldeep Rao v. State of Himachal Pradesh and others) — Recall of judgment allowed. By judgment dated 13.10.2023 the Court had allowed the petitioner's claim in terms of the Division Bench judgment dated 31.05.2023 in CWP No. 2108 of 2023, Himachal Pradesh Road Transport Corporation versus Bhagat Ram. That Division Bench judgment has since been recalled by order dated 30.08.2024 passed in CMP(M) No. 1140 of 2023 a/w Revision Petition No. 98 of 2024 and LPA No. 85 of 2024, with the matter ordered to be decided afresh on its own merits. Holding that such recall was not in dispute, the Court allowed the applicant's recall application — notwithstanding the respondents' objection of inordinate delay in filing it — recalled its own judgment dated 13.10.2023, restored CWP No. 7643 of 2023 to its original number, and directed the Registry to list it alongwith CWP No. 8504 of 2025 (Madhu Deshta vs. State of Himachal Pradesh), wherein a similar issue is pending consideration before the Division Bench. The application stands disposed of. (Sandeep Sharma) Judge; decided 16.07.2026.

Kuldeep Rao vs. State of Himachal Pradesh and others

CMP No. 32153 of 2025 in CWP No. 7643 of 2023

16.07.2026 Present Mr. Mohit Thakur, Advocate, for the applicant/ petitioner.

Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondent-State.

By way of instant application, prayer has been made

on behalf of the applicant/petitioner for recalling the judgment dated 13^th October 2023, whereby claim of the petitioner came to be allowed in terms of the judgment passed by Division Bench of this Court in CWP No. 2108 of 2023 titled Himachal Pradesh Road Transport Corporation versus Bhagat Ram . Since aforesaid judgment dated 31.05.2023 passed by Division Bench of this Court has been recalled vide order dated 30.08.2024 passed by Division Bench of this Court in CMP(M) No.1140 of 2023 a/w Revision Petition No.98 of 2024 and LPA No.85 of 2024, prayer has been made on behalf of the applicant/ petitioner to recall judgment dated 13.10.2023, so that same is decided afresh on its own merit.

By way of filing reply to the application, aforesaid prayer made on behalf of the applicant/petitioner has been opposed by the respondents on the ground that there is inordinate delay in filing the application.

Since it is not in dispute that judgment passed by Division Bench of this Court in Bhagat Ram’s case (supra) has

been recalled and that matter has been ordered to be decided afresh on its own merits, prayer made on behalf of the applicant/petitioner deserves to be allowed.

Consequently, in view of the above, the present application is allowed and judgment dated 13.10.2023 passed by this Court is hereby recalled and CWP No. 7643 of 2023 is ordered to be restored to its original number.

The Registry is directed to list CWP No. 7643 of 2023 alongwith CWP No. 8504 of 2025, titled as Madhu Deshta vs. State of Himachal Pradesh, wherein similar issue is pending consideration before the Division Bench of this Court. The application stands disposed of.

(Sandeep Sharma) Judge

July 16, 2026 (shankar)