The Hpsebl Vs Harish Kumar — Himachal Pradesh HC (2026) — LawSathi Research

The Hpsebl Vs Harish Kumar — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeals allowed; Civil Writ Petition Nos. 7959 & 8180 of 2023 restored to their original position and to be heard along with Civil Writ Petition No. 2108 of 2023 (Bhagat Ram vs. HRTC and others) and connected matters; delay of 199 & 160 days condoned; pending miscellaneous applications disposed of.

Issue for consideration

Whether the delay of 199 & 160 days in filing the appeals against the judgment dated 30.10.2023 passed by the learned Single Judge should be condoned. +1 more

Court's answer

The delay of 199 & 160 days in filing the appeals against the judgment dated 30.10.2023 passed by the learned Single Judge is condoned, and the CMP(M) applications stand disposed of accordingly.

Ratio / Principle

Since the Division Bench reviewed the Single Judge order on 30.08.2024 and the matter is pending before the Coordinate Bench, keeping in view the order passed in LPA No. 109 of 2024 (State of H.P. and another vs. Roshan Lal Khajuria and another, decided 22.05.2025), the present appeals are also liable to be allowed.

Key takeaways

The appeals stand allowed; Civil Writ Petition Nos. 7959 & 8180 of 2023 are restored to their original position and shall be heard along with Civil Writ Petition No. 2108 of 2023 (Bhagat Ram vs. HRTC and others) and connected matters; the appeals and pending miscellaneous applications stand disposed of.ratio¶17

Detailed headnote1 paragraphs

Delayed Letters Patent Appeals (LPA Nos. 127 & 225 of 2026) by HPSEBL against two learned Single Judge judgments dated 30.10.2023 (CWPs 7959 & 8180 of 2023 — Harish Kumar and Er. Umesh Kumar Gupta), which had granted the benefit relying on the Bhagat Ram vs. HRTC judgment (CWP 2108 of 2023, decided 31.05.2023), were allowed. The delay of 199 & 160 days was condoned. As the Division Bench had reviewed the said Single Judge order on 30.08.2024 with the matter pending before the Coordinate Bench, the Division Bench, keeping in view the order in LPA No. 109 of 2024 (State of H.P. and another vs. Roshan Lal Khajuria and another, decided 22.05.2025), held the present appeals liable to be allowed, restored the two writ petitions to their original position for fresh hearing along with CWP 2108 of 2023 and connected matters, and disposed of the pending miscellaneous applications.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

LPA No. 127 of 2026 and CMP(M) No. 60 of 2026 in LPA No. 225 of 2026 and CMP(M) No.53 of 2026 Decided on : 22.04.2026 1. LPA No. 127 of 2026 HPSEBL ...Appellant Versus ER. Harish Kumar …Respondent. 2. LPA No.225 of 2026 HPSEBL ...Appellant Versus ER. Umesh Kumar Gupta …Respondent. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?¹

For the appellant(s) : Ms. Sunita Sharma, Sr. Advocate, with Mr. Mohit Sankhyan and Mr. Dhananjay Sharma, Advocates. For the respondent(s) : Mr. Prakash Sharma, Advocate.

G.S. Sandhawalia, Chief Justice (Oral)

CMP(M) Nos. 60 & 53 of 2026

Keeping in view the averments made in the application,

duly supported by an affidavit of the official, the delay of 199 & 160

days in filing the appeal against the judgment dated 30.10.2023

1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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passed by the learned Single Judge is condoned.

The application stands disposed of accordingly.

LPA Nos. 127 & 225 of 2026

The present appeals are directed against the

judgments passed by the learned Single Judge. The learned Single Judge, in Civil Writ Petition No. 7959 of 2023 titled Harish Kumar vs. Electricity Board and Civil Writ Petition No. 8180 of 2023 titled Er. Umesh Kumar Gupta vs. HPSEBL , decided on 30^th October, 2023, had relied upon the judgment passed in Civil Writ Petition No. 2108 of 2023, titled Bhagat Ram vs. HRTC , decided on 31.05.2023, to grant the benefit.

It is not disputed that the Division Bench had reviewed the said order on 30^th August, 2024 and the matter is now pending before the Coordinate Bench. Resultantly, we are of the considered opinion that keeping in view the order passed in LPA No. 109 of 2024 titled State of H.P. and another vs. Roshan Lal Khajuria and another , decided on 22.05.2025, the present appeals are also liable to be allowed.

In view of the above, the appeals stand allowed. Civil Writ Petition No. 7959 & 8180 of 2023 are restored to their original position and shall be heard along with Civil Writ Petition No. 2108

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of 2023 titled Bhagat Ram vs. HRTC and others along with

connected matters.

In view thereof, the appeals stand disposed of, as also

the pending miscellaneous applications, if any.

(G.S. Sandhawalia) Chief Justice

22^nd April, 2026 (Tarun Singh)

(Bipin Chander Negi) Judge

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