Shashi Devi and Another Vs State of Hp and Others

“i) That the impugned letter dated 13.02.2026 contained in Annexure P-9 whereby the management of the Temple has been handed over to the Block Development Officer and Panchayat Secretary Basoli, District Una, H.P. may kindly be quashed and set aside.

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ii) That the present management/Panchayat may kindly be allowed continue to manage the temple till the election of New Panchayats.”

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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2

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( 2026:HHC:5473 )

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2. The gist of petitioners’ case and their grievance was

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noticed as under in the order passed in this writ petition on 26.02.2026: -

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“Learned Assistant Advocate General has placed on record office instructions dated 24.02.2026 from Deputy Commissioner, Una, District Una, H.P.

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2. Gram Panchyat, Basoli was held to have right of managing the Pir Nigah Temple under a Civil Court decree, that has attained finality. Petitioners who are Pardhan and UpPardhan of Gram Panchayat, Basoli have grievances to the office letter dated 13.02.2026 whereby committee consisting of Block Development Officer and Panchayat Secretary, Basoli has been constituted for looking after affairs of Pir Nigah Temple. The office letter dated 13.02.2026 has been issued in compliance to the notification dated 31.01.2026 issued by Government of Himachal Pradesh, Department of Panchayati Raj in exercise of powers conferred by Section 140(3) (b) of Himachal Pradesh Panchayati Raj Act, 1994 constituting committees for exercising the powers and to perform functions of Gram Panchayat, Panchayat Samiti & Zila Parishad in view of ensuing elections in these bodies. The petitioners have also placed on record resolution/representation of several villagers as Annexure P-3 dated 17.02.2026 in support of the writ petition wherein they have expressed their apprehension in para-12 as under:-

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“That as of today the entire village, Gram Panchyat is against the order dated 13.02.2026, as the such management order would adversely affect the Gram Panchyat, as number of social schemes, such as garbage collection, water supply, pumping of water and irrigation schemes is being managed by the Gram Panchyat and the expenses is being governed from the treasury of the temple, as such, the Gram Panchyat would be the best body to manage and run the present temple, as not only cash but the ornaments and other valuable items offered by

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3

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( 2026:HHC:5473 )

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devotees is lying in the store of temple, as such, keeping in view of the nature and burden of duties the order dated 13.02.2026 is not sustainable, rather, same would be perverse without any authority and result of misusing the bargaining power of the State.”

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3. Let learned Assistant Advocate General to have instructions about the committee associating the petitioners/ representatives of villagers etc. for allaying their apprehensions to ensure that the management of the Shrine in question under office letter dated 13.02.2026/ notification dated 31.01.2026 would not adversely effect the operation of ongoing social schemes such as garbage collection, water supply, pumping of water and irrigation schemes etc. for which the expenses are statedly defrayed from the treasury of the Shrine as also the safety of ornaments and other valuable items/ offerings by the devotees. Learned Senior counsel for the petitioners has also apprised that pension in favour of widows, destitute/ disabled persons is also being met out from the offerings of the Shrine. It needs to be emphasized here that the management of the Shrine in question is not the statutory function to be discharged by the Gram Panchayat in terms of H.P. Panchayati Raj Act, 1994. This function is being discharged by Gram Panchayat, Basoli in terms of decree passed in its favour. Let amicable solution towards redressal of grievance be endeavoured by the authorities.

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4. List on 03.03.2026.”

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Pursuant to above, learned Additional Advocate

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General placed on record instructions dated 28.02.2026 and 03.03.2026 from the Deputy Commissioner Una, District Una.

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3. The Deputy Commissioner, Una, has assured in the above office instructions, that all works, which were being carried out by the Gram Panchayat, Basoli, including all ongoing schemes

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4

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( 2026:HHC:5473 )

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such as garbage collection, water supply, pumping of water and irrigation schemes, etc., for which the expenses were being defrayed by Gram Panchayat, Basoli, from the treasury of the Shrine shall continue to be run as before. That safety of ornaments and other valuable items in the Shrine shall also be ensured. That the offerings made by the devotees, shall be duly accounted for & maintained properly.

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At this stage, learned Senior Counsel for the petitioners pointed out that, apart from the aforesaid, the erstwhile Gram Panchayat, Basoli, had also been running several social welfare schemes such as widow pension, handicapped pension, issuance of fixed deposits on account of the birth of a girl child, ‘Shagun’ on the occasion of the marriage of a girl, payment of school fees of children, running of ‘Goushala’, ambulance services, ‘langar’, as well as providing free ‘Sarai’ to the devotees throughout the year.

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In view of the instructions placed on record by learned Additional Advocate General, it is expected that the respondents shall continue to run all works/schemes, including social schemes and social works, which had been ongoing under the aegis of Gram Panchayat Basoli through the treasury of Peer Nigah Temple, as heretofore whilst maintaining accounts thereof.

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Further, in terms of the office instructions dated 03.03.2026, the District Administration, Una, has assured that the

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5

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( 2026:HHC:5473 )

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Committee constituted under office letter dated 13.02.2026 shall continue “Puja Archana,” ensure continuation of all existing schemes, maintain a tally of offerings made at the Peer Nigah Shrine, and provide all other facilities to pilgrims in the same manner as were being provided earlier by the last Gram Panchayat Basoli.

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Taking note of the submissions made by learned counsel for the parties and the office instructions placed on record, it is deemed appropriate to dispose of the present writ petition with direction that the Deputy Commissioner, Una (respondent No.3) and the Block Development Officer (respondent No.5) shall ensure that all ongoing works, schemes shall continue and the expenses thereof shall be defrayed from the treasury of the Shrine. Complete accounts of offerings made in the Shrine shall be duly maintained along with the expenditure incurred therefrom. The funds of the Shrine shall not be diverted for any other purpose. The safety of ornaments and other valuable offerings in the Shrine shall also be ensured. It shall further be ensured that religious ceremonies, i.e., “Puja Archana,” shall continue to be held as hereto before.

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6

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( 2026:HHC:5473 )

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The instant petition to stand disposed of with above

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directions. Pending miscellaneous applications, if any, shall also stand disposed of.

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Jyotsna Rewal Dua Judge

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3^rd March, 2026(rohit)

Shashi Devi and Another v. State of Hp and Others

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Shashi Devi and Another v. State of Hp and Others

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