VIPIN KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The respondents, resist the writ claim, hence comprised in the latter, being directed to grant to the petitioner, the benefit, of, Section 3 of "The Himachal Pradesh Good Conduct Prisoners (Temporary Release)Act 1968, hereinafter referred to "the Act", for short. , provisions whereof, stand extracted hereinafter:

(2.) It is not disputed by the respondents that the petitioner had made an unsuccessful representation, before the authority concerned, claiming therein, the benefit, of, Section-3 of the Act. The official, present alongwith Mr. Hemant Vaid, the learned Addl. A.G., produces the records, appertaining to the writ claim. The learned Addl. A.G. has made a two fold submission(s), before this Court, for precluding it, in granting, the afore relief to the writ petition. The afore submission(s), are comprised in (a) the writ petitioner, availing, on two earlier occasions, the, benefit, of, the afore Act, (b), and, the report, of, Up-Pradhan, making expression(s), against the bestowment, of, the claim, upon the petitioner.

(3.) On an objective application of mind, vis-A-vis, the afore submissions, addressed before this Court, by the learned Addl. A.G., this Court finds that the endeavor, of, the writ petitioner, to construct a house, does constitute, the apt statutorily contemplated sufficient cause, for, thereupon, the benefit of Section 3 of the Act, being bestowed upon him. Furthermore, the expressions, adversarial to, the petitioner, as contained in the report of the Pradhan, of, the Panchayat concerned, cannot, also sway this Court, to, decline the relief, to, the writ petitioner, as, the afore report of the Pradhan, is, not accompanied, by a resolution, hence made by the Gram Sabha concerned,(i) thereupon, the expression(s) therein, are only, of, the Pradhan, of, the Panchayat concerned, and, do not, constitute expressions, of, the Gram Sabaha, of, the Panchayat concerned.