LAWS(HPH)-2022-10-23

CHET RAM Vs. STATE OF HIMACHAL PRADESH

Decided On October 15, 2022
CHET RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Aggrieved by the final Notification dtd. 27/10/2020 whereby the Nagar Panchayat, Ani, has been created out of the different revenue estates, the petitioners, who are the permanent residents of villages of Tehsil Ani, have filed the instant petition for grant of the following substantive reliefs:-

(2.) According to the petitioners, the State of Himachal Pradesh had on the demand of the inhabitants of the different villages created various Gram Panchayats, which are functioning properly and being more beneficial and desirable, the respondents could not have illegally created Nagar Panchayat, Ani by taking out the following villages:-

(3.) It is further contended that the Deputy Commissioner, Kullu of his own and in absence of any resolution on behalf of any of the panchayats for creation of Nagar Panchayat, Ani, recommended the matter to the Director, Urban Development vide his letter dtd. 13/8/2020. Respondent No.1, in turn, issued a Notification dtd. 25/8/2020 whereby a proposal was made for constitution of the Nagar Panchayat, Nirmand, consisting of Muhal Manjhadesh of Gram Panchayat Bakhnao, Muhal Franali of Gram Panchayat, Ani, Muhal Karana of Gram Panchayat, Karana, Muhal Kungas of Gram Panchayat, Kungas and Muhal Jaban of Gram Panchayat, Namhog, and not for Ani. Though at the end of the Notification, it is mentioned that Nagar Panchayat was proposed to be created for Ani.