Disposed

Jarnail Singh and Ors. v. Secretary to the Govt. , Deptt. of Rural Dev. and Panchayat and Ors.

Punjab & Haryana HC12 Apr 2013CWP/8155/2013

Case brief

AI extract

What is this about?

The High Court observed that while bifurcation of a Gram Panchayat is a policy matter, a procedural violation of the Punjab Panchayati Raj Act, 1994 was alleged. The Court directed respondents to treat the petition as a statutory representation and dispose of it within two months.

What did the court decide?

Direction to respondents to treat the writ petition as a representation-cum-objection and dispose of it within two months.

Jarnail Singh and Ors. Vs Secretary to… — 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.8155 of 2013 Date of Decision : April 12, 2013

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Jarnail Singh and others

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.....Petitioners

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versus

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The Secretary to the Government 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.O.P.Kamboj, 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 to respondent Nos.1 to 4 only at

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this stage.

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Ms.Munisha Gandhi, Additional Advocate General, Punjab, accepts notice on their behalf.

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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 issue notice to respondent Nos.5 to 7 nor any counter reply is required from respondent Nos.1 to 4 at this stage.

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CWP No.8155 of 2013

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[2]

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The petitioners are residents of village Chak Swah Wala, Tehsil Guruharsahai, District Ferozepur. Their grievance is against the notification dated 21.12.2012 (Annexure P-1) issued by the Government of Punjab whereby Gram Panchayat of village Chak Swah Wala has been bifurcated into two Gram Panchayats and Dhani Dogar Singh Wali has been formed a new Gram Panchayat.

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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 respondent Nos.1 to 4 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 but not later than two months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

April 12, 2013

(R.P.NAGRATH) JUDGE

Mohinder

Jarnail Singh and Ors. v. Secretary to the Govt. , Deptt. of Rural Dev. and Panchayat and Ors.

Case brief

What is this about?

What did the court decide?

Jarnail Singh and Ors. v. Secretary to the Govt. , Deptt. of Rural Dev. and Panchayat and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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