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2026 Supreme(Online)(HP) 4687

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Yashika Guleria – Appellant
Versus
State of H.P. – Respondent
CWP No. 15898/2026



Advocates:
For the Appellants/Petitioners: Sunil Dutt Gautam
For the Respondents: Y.P.S. Dhaulta

Relief based on a precedent cannot be granted if the judgment of the precedent has been stayed by a superior court in a pending appeal.

Headnote:(A) Writ Jurisdiction - Applicability of Precedent - Stay of judgment in connected matters - Relief cannot be granted when the precedent relied upon has been stayed by a higher court. (Para 2, 3)

Issues: Whether the petitioner is entitled to relief based on a judgment that has been stayed in a Letters Patent Appeal (LPA).

Whether approved for reporting?Whether reporters of print and electronic media may be allowed to see the order? Yes.

1. Petitioner seeks applicability of Ghanshyam Dass and Ors Vs. State of H.P. and Ors CWP No. 2056 of 2023 decided alongwith connected matters on 21.03.2024

2. Learned Additional Advocate General has apprised that the aforesaid decision has been stayed under order dated 17.08.2026 passed in LPA No.205 of 2025 and other connectedimatters.

3. In view of above position, the relief in the nature claimed by the petitioner cannot be granted to her at this stage. The writ petition, therefore, is disposed of with direction to the respondents to consider the case of the petitioner within six weeks after the adjudication of LPA No.205 of 2025 and in terms thereof.

24. With the above observations, the writ petition standdisposed of.Pending miscellaneous application(s), if any, also tostand disposed of.

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