Bharti Kashyap v. the State of Hp and Others
Case brief
What is this about?
Himachal Pradesh High Court, Shimla; CWP No. 9014/2026; decided 05.06.2026; Justice Jyotsna Rewal Dua. Writ petition seeking mandamus for return of educational documents/testimonials from respondent No.3 college dismissed because petitioner had already instituted parallel Civil Suit No. 115/1 of 2024 before Senior Civil Judge, Solan, for the same relief; written statement of respondent No.3-College on record. Key themes: parallel remedies doctrine, writ petition versus civil suit, bar on duplicate relief. Petitioner's counsel: Nishant Khidtta; respondents' counsel: Anup Rattan (Advocate General) with Rajat Chaudhary (Assistant Advocate General) for respondents No.1; Sandeep Pandey for respondent No.2.
What did the court decide?
A petitioner cannot pursue two parallel remedies for the same relief; since the petitioner has already instituted Civil Suit No. 115/1 of 2024 before the Senior Civil Judge, Solan, wherein the written statement stands filed, and the writ petition admittedly seeks the same relief, it is not appropriate to entertain the writ petition.