YASH PAL S/O LATE SHRI MADAN LAL, RESIDENT OF KALA AMB, TEHSIL NAHAN, DISTRICT SIRMOUR, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY (PANCHAYATI RAJ) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-171002

JUDGEMENT

(1.) APPELLANT is the writ petitioner. He approached this Court seeking implementation of resolution passed by the Gram Sabha. Gram Sabha resolved to request the transfer of Excise and Taxation Officer. That transfer was caused by the SDO (Civil) purportedly in exercise of Rule 138 read with Section 13(3) of the H.P. Panchayati Raj (General) Rules 1997. It is the contention of the Learned Counsel appearing for the appellant that SDO (Civil) does not enjoy such powers under the aforesaid Rule.

(2.) BE that as it may, learned Single Judge has taken the view that such powers are available to the SDO (Civil) in the interest of administration of Local Self Government. Further, it has also been found by the learned Single Judge that the writ petition did not survive as the ETO concerned had already been transferred. If on facts, it emerged that the writ petition did not survive, on account of the transfer of the ETO concerned, it was not necessary for the learned Single Judge to go into the question of law raised in the writ petition and it could have been left open for being decided in appropriate case where it was necessary for resolving the dispute raised in the writ petition. In that view of the well settled principle, this appeal is disposed of, making it clear that the question of law raised by the writ petitioner is left open for the reason that his writ petition had ceased to survive, on account of intervening developments leading to the transfer of the ETO. In view of the disposal of the main appeal, pending application(s), if any, shall also stand disposed of.