SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed against the judgment dated 24.08.2012 passed by the learned Single Judge, whereby the writ petition (CWP No.7756 of 2011) filed by the appellants, who are residents of village Bhuna, Tehsil and District Fatehabad, challenging the notification dated 1.4.2011 (Annexure P-29) vide which the area of the Gram Panchayat of village Bhuna has been declared to be a Committee in the name of Municipal Committee, Bhuna by the State Government in exercise of its powers under Section 3 of the Haryana Municipal Act, 1973 (hereinafter referred to as 'the Act of 1973'), has been dismissed.

(2.) The appellants challenged the aforesaid notification primarily on the ground that when the proposed notification for declaring the area of Gram Panchayat Bhuna as a Municipal Committee was issued on 13.1.2011 under sub-sections (3) and (4) of Section 3 of the Act of 1973, they had filed objections to the declaration of the area as Municipal Committee, but the objections filed by them were not considered by the Government and no order was passed on those objections before publishing the final notification under sub-section (6) of Section 3 of the Act of 1973 on 1.4.2011. The appellants also challenged the aforesaid notification by alleging mala fide against the local MLA, who has been impleaded as a respondent in the writ petition. It was alleged that at the instance of the said MLA the impugned notification creating the Municipal Committee Bhuna was issued.

(3.) The aforesaid averment made in the writ petition has not been controverted in the written statement filed on behalf of respondents No.1 to 3 by the Deputy Commissioner, Fatehabad. In the written statement, it has been admitted that certain objections were filed by the petitioners and the same were forwarded to the Government through Deputy Commissioner.