JASWANT SINGH Vs. STATE OF HP

JUDGEMENT

(1.) THIS petition is directed against the order dated 21st June, 2010 whereby the application under Section 80(2) of the Code of Civil Procedure filed by the petitioner (hereinafter referred to as the plaintiff) has been rejected and the suit alongwith its documents ordered to be returned to the petitioner.

(2.) THE brief facts of the case are that the plaintiff filed a suit before the learned trial Court wherein he prayed that the respondents be restrained from interfering in the smooth working of the Krishak Vikas Sangh Bhathal Polian (hereinafter referred to as the Sangh) under the garb of letter No. Agr.SCH(H)6- 8/2001-Vol-XIV dated 17th March, 2010 issued by the Whether the reporters of the local papers may be allowed to see the Judgment?Yes. defendant No.2. It is apparent that the petitioner was compelled to file the suit because of the issuance of the letter dated 17th March, 2010, operative portion of which read as follows:- "From Director of Agriculture, Himachal Pradesh To THE Dy. Director of Agriculture, Palampur, Distt. Kangra, Himachal Pradesh Dated: Shimla 171 005 the Subject: Execution of Water Harvesting Structure, Bathal Polian, Tehsil Fatehpur, District Kangra, H.P. fair election of KVS as per RIDF guidelines thereof. Memo: THE resolution received from residents of village Bathal Polian, Tehsil Fatehpur, District Kangra through Pradhan, Gram Panchayat Nagal, Development Block Fatehpur, District Kangra, H.P. is being enclosed herewith in original with the directions to conduct the fair election of KVS Bathal Polian as per RIDF guidelines by holding the General House Meeting of beneficiaries of above said schemes immediately under intimation to this Directorate, so that the execution of this scheme could be done smoothly and resentment prevailing amongst the farmers is avoided. Suitable time for information of general public may be given but the process of holding elections should be completed before 7th April, 2010. Encl: as above. Director of Agriculture, Himachal Pradesh."