Yash Pal Pathania Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Yash Pal Pathania Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Admitted dues of Rs. 34,74,623/- for work executed under the contract were released in full (compliance confirmed by office instructions dated 13.07.2026); liberty reserved to the petitioner to seek appropriate remedy for any surviving grievances in accordance with law.

Issue for consideration

Whether the respondents (State of H.P. and others) were bound to release the admitted dues of Rs. 34,74,623/- owed to the petitioner for work executed under the contract, notwithstanding their plea of non-availability and paucity of funds.

Court's answer

The ground of non-availability/paucity of funds cannot be countenanced to deny the petitioner his legitimate dues which are admittedly payable; the respondents were directed to clear the admitted dues of Rs. 34,74,623/- by the next date, failing which they were to remain present in Court (interim order dated 22.06.2026).

Ratio / Principle

Following the interim order, the entire amount payable to the petitioner has been paid and no amount remains to be paid in respect of the works mentioned in the writ petition, as conveyed by office instructions dated 13.07.2026 of the Executive Engineer, Dharampur Division, HPPWD Dharampur.

Key takeaways

Taking note of the compliance, the writ petition is disposed of, reserving liberty to the petitioner to seek appropriate remedy for the redressal of his surviving grievances, if any, in accordance with law; pending miscellaneous application(s), if any, also stand disposed of.ratio¶25

Detailed headnote1 paragraphs

CWP No. 7001 of 2026, High Court of Himachal Pradesh, Shimla (decided 14.07.2026, Jyotsna Rewal Dua, J) - Yash Pal Pathania v. State of H.P. and others. Contractor-petitioner sought payment of dues for work executed under a contract with the State. The respondents' reply admitted Rs. 34,74,623/- as due, their sole defence being non-availability and paucity of funds. By interim order dated 22.06.2026 the Court held that non-availability of funds cannot be countenanced to deny admitted legitimate dues and directed the respondents to clear the admitted dues by the next date, failing which they were to remain present in Court. On 14.07.2026, office instructions dated 13.07.2026 from the Executive Engineer, Dharampur Division, HPPWD Dharampur confirmed that the entire amount payable had been paid and nothing remained outstanding; learned counsel for the petitioner acknowledged this and sought liberty for surviving grievances. The writ petition was disposed of, reserving liberty to the petitioner to seek appropriate remedy for any surviving grievances in accordance with law; pending miscellaneous application(s), if any, also stand disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7001 of 2026

Decided on: 14^th July, 2026

------------------------------------------------------------------------------------- Yash Pal Pathania …..Petitioner

Versus

State of H.P. and others .....Respondents

-------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Mr. Ram Lal Thakur, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General.

-----------------------------------------------------------------------------------Jyotsna Rewal Dua, Judge

Following order was passed in this matter on

22.06.2026:-

“Respondents have filed the reply. In terms of the reply, an amount of Rs. 34,74,623/- is admittedly due to the petitioner for the work executed by him under the contract. The only stand taken by the respondents in their reply is that, due to the non-availability and paucity of funds, the payment admittedly due to the petitioner could not be released. Since the work has been executed by the petitioner, even as per the reply, the aforesaid amount is the admitted liability of the respondents towards the petitioner. The ground of nonavailability of funds cannot be countenanced to deny him his legitimate dues, that too, which have been admitted. Hence, the respondents are directed to clear the admitted dues payable to the petitioner by the next

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

2

date, failing which the respondents shall remain present in the Court on the next date.

List on 14.07.2026.”

2. Pursuant to above order, learned Deputy

Advocate General has placed on record office instructions dated 13.07.2026 from the Executive Engineer, Dharampur Division, HPPWD Dharampur, conveying that entire amount payable to the petitioner has been paid and no amount remains to be paid in respect of the works mentioned in the writ petition.

3. Learned counsel for the petitioner acknowledges

the above position, but seeks liberty for the petitioner to avail appropriate remedy for the redressal of his surviving grievances in accordance with law.

Taking note of the office instructions, the

present writ petition is disposed of reserving liberty to the petitioner to seek appropriate remedy for the redressal of his surviving grievances, if any, in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua Judge

July 14, 2026 Mukesh