CWP/18825/2026 on 16 October 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18825 of 2026

Date of Decision: 16.10.2026 _____________________________________________________________________ Sanjeev Kumar

……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?

For the Petitioner: Mr. Abhinav Purohit, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Additional Advocate General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondents-State. ___________________________________________________________________________

Sandeep Sharma, J. (Oral)

Being aggrieved and dissatisfied with the order dated 29.10.2025 (Annexure P-10), passed by the Senior Executive Officer, Municipal Council, Bilaspur, for withdrawal of No Objection Certificate issued in favour of the petitioner, petitioner has approached this Court in the instant proceedings, praying for the following main reliefs: “a. Issue a writ of certiorari or any other appropriate writ, order or directions, quashing and setting aside the orders dated 29.10.2025 (No. MCBLP-(NOC)2025-2433-35) passed by respondent No. 6, withdrawing the No Objection Certificates for water and electricity connections issued in favour of the petitioner.

b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to restore the No Objection

Certificates dated 14.10.2025 issued in favour of the petitioner for providing water and electricity connections to the Petitioner at Khasra No. 714.

c. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned Note No. 70 dated 13.10.2025, inserted in the Nakal Jamabandi/Revenue Record of Khasra No. 714, as being illegal, arbitrary, without jurisdiction and violative of the principles of natural justice, as the assigning of an alleged RSA stamp/filing No. 3983/2024 at the stage of filing/scrutiny does not constitute a valid “pending” appeal before this Hon’ble Court.

d. That this Hon’ble Court issue an appropriate writ, order or directions, thereby directing the respondent authorities to take an appropriate action against Private respondent No. 7 for submitting false and misleading information vide application dated 03.06.2025 before the respondent authorities.”

2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioner, is that RSA bearing filing No. 3983 of 2024, referred to in the impugned order of withdrawal of No Objection Certificate dated 29.10.2025, is still lying under objection and till date, no stay has been granted against the judgment and decree dated 20.10.2023 passed by the learned District Judge, Bilaspur, whereby judgment and decree dated 29.04.2021 passed by the learned trial Court in Civil Suit No. 44/1 of 2013, titled Kala Devi vs. Jagdish Kumar, were set aside. Despite this, without verifying the relevant facts, merely on the basis of a legal notice issued by learned counsel representing respondent No. 7, Municipal Council, Bilaspur, proceeded to withdraw No Objection Certificate issued in favour of the petitioner for water and electricity connections.

3. Though before filing petition at hand, petitioner approached Deputy Commissioner, Bilaspur, by way of representation dated 20.11.2025, but, since no heed was paid to the same, petitioner is compelled to approach this Court in the instant proceedings.

4. Having regard to the nature of the dispute and order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply on behalf of respondents No. 1 to 6, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Similarly, no prejudice shall be caused to respondent No. 7 by passing order proposed to be passed, rather an adequate opportunity of hearing shall be afforded to her by the competent authority before the directions contained in this order are given effect to and as such, notice to aforesaid respondent is also dispensed with.

5. Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties, are that there is a property dispute inter se petitioner and respondent No. 7. Respondent No. 7 filed a civil suit for possession and permanent prohibitory injunction, being Civil Suit No. 44/1 of 2013, before the Court of the learned Senior Civil Judge,

Bilaspur. Though aforesaid suit was decreed in favour of respondent No. 7, but petitioner, who was defendant in the suit, preferred an appeal bearing No. 11/13 of 2021, titled Jagdish Kumar vs. Kala Devi, before the Court of the learned District Judge, Bilaspur. Appeal was allowed vide judgment and decree dated 20.10.2023, whereby judgment and decree passed by the learned trial Court were set aside and the suit filed by respondent No.7 was dismissed.

6. Being aggrieved and dissatisfied with the aforesaid judgment and decree passed by the learned District Judge, respondent No. 7 filed an RSA bearing filing No. 3983 of 2024 on 26.02.2024, but till date, the same has not been registered, as is evident from Annexure P-4, i.e. the information regarding the status of the RSA downloaded from the website of this Court.

7. After filing of the aforesaid RSA, respondent No. 7, through her counsel, served a legal notice upon the Municipal Council, Bilaspur (Annexure P-8), calling upon it to withdraw the NOCs dated 14.10.2025 issued in favour of the petitioner for water and electricity connections. Interestingly, the Senior Executive Officer, Municipal Council, Bilaspur, without verifying the relevant facts, merely on the basis of the aforesaid legal notice, proceeded to pass the impugned order dated 29.10.2025 (Annexure P-10), thereby withdrawing the No Objection Certificate.

8. Careful perusal of the averments contained in the legal notice dated 24.10.2025 (Annexure P-8) nowhere suggests that judgment and decree passed by the learned District Judge, whereby the suit filed by respondent No. 7 was dismissed, had been stayed by this Court while entertaining the aforesaid RSA. Leaving everything else aside, information regarding the status of the case downloaded from the website of the High Court of Himachal Pradesh reveals that RSA filing No. 3983 of 2024 is still lying under objection.

9. Once the judgment and decree passed by the learned trial Court stood set aside by the learned District Judge, Bilaspur, vide judgment and decree dated 20.10.2023 in Civil Appeal No. 11/13 of 2021, and the judgment and decree passed by the learned District Judge have not been stayed till date, there was no occasion for the Municipal Council, Bilaspur, to withdraw No Objection Certificate issued in favour of the petitioner vide order dated 14.10.2025.

10. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned order dated 29.10.2025 (Annexure P-10) is quashed and set aside, with a direction to the petitioner to file a fresh application for issuance of No Objection Certificate within a period of one week. The Senior Executive Officer, Municipal Council, Bilaspur, is directed to decide the same expeditiously, preferably within a further period of one week, after affording an opportunity of hearing to the petitioner as well as 0respondent No. 7.

11. Needless to say, mere filing of an RSA may not be sufficient to conclude that judgment and decree passed by the learned District Judge have been stayed, rather, for this purpose, an appropriate order, if any, passed in the RSA is required to be placed on record by respondent No.7.

October 16, 2026

(Sandeep Sharma), (sunil)

Judge