Disposed

Tarsem Lal & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC12 Apr 2013CWP/8002/2013

Case brief

AI extract

What is this about?

The High Court directed respondents to treat the writ petition as a representation-cum-objection regarding the bifurcation of a Gram Panchayat and dispose of it objectively before issuance of the final notification.

What did the court decide?

Direction to respondents to treat the writ petition as an objection-cum-representation and dispose of it objectively before issuing the final notification.

Tarsem Lal & Ors. Vs State of Punjab… — Municipal and Town Planning | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.8002 of 2013 Date of Decision : April 12, 2013

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Tarsem Lal and others

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.....Petitioners

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versus

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State of Punjab and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.Gurcharan Dass, Advocate, for the petitioners. Ms.Munisha Gandhi, Additional AG, Punjab.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Notice of motion.

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Ms.Munisha Gandhi, Additional Advocate General,

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Punjab, accepts notice on behalf of the respondents.

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Let four copies of the writ petition be supplied to the learned State counsel during the course of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution.

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In view of the nature of order which we propose to pass, there is no necessity to seek counter reply from the respondents at this stage.

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The petitioners are residents of villages Maili, Tehsil Garhshankar, District Hoshiarpur. They seeks quashing of the notification dated 17.12.2012 (Annexure P-1) issued by the

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CWP No.8002 of 2013

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[2]

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Government of Punjab whereby Gram Panchayat of village Maili has been bifurcated into two Gram Panchayats and Maili Panahpur has been formed a new Gram Panchayat. One of the grievance of the petitioners is that respondent Nos.3 & 4 are said to have forged the records in order to justify bifurcation of the gram panchayat. The above stated issue has been raised by the petitioners vide representation dated 4.3.2013 (Annexure P-7) but without any response so far.

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We have heard learned counsel for the parties. Since procedural violation of the Punjab Panchayati Raj Act, 1994 is being alleged by the petitioners, we are of the view that even if the merger or bifurcation of Gram Panchayat(s) is essentially a policy matter which calls for no interference by us at this stage, it would be appropriate to dispose of this writ petition with a direction to the respondents to treat this writ petition as a representation-cum-objection on behalf of the petitioners against the impugned notification and dispose of it on objective consideration as early as possible and preferably before issuance of the final notification.

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Ordered accordingly.

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Dasti.

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April 12, 2013 Mohinder

Tarsem Lal & Ors. v. State of Punjab & Ors.

Case brief

What is this about?

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Tarsem Lal & Ors. v. State of Punjab & Ors.

Case brief

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