PANCHAYAT SAMITI, DEHRA Vs. NOTIFIED AREA COMMITTEE, JAWALAMUKHI

JUDGEMENT

(1.) There is a notified area committee in Jawalamukhi town of Tehsil Dehra, District Kangra from the year, 1974. Navratra fairs are held annually at Jawalamukhi and several pilgrims visit the holy town of Jawalamuki during these Navratra fairs. Previously District Board Kangra had the authority and control over various areas of district Kangra and the Punjab District Board Act, 1983 (hereinafter the Act. of 1983) was applicable to Jawalamukhi. Subsequently Panchayat Phagan was established and area of Jawalamuki fell within this Panchayat Phagan. Then a Panchayat Samiti known as Panchayat Samiti Dehra Gopipur (petitioner) was constituted under the Panchayat Samiti and Zila Parishad Act, 1961 (hereinafter the Act of I960 and Panchayat area of Jawalamuki (Phagan) fell within the jurisdiction of the petitioner No. I. The District Boards were abolished under section 118 of t e Act of 1961 and the assets vesting in the District Boards and all liabilities subsisting against it on the date of abolition, were to devolve on the Panchayat Samitia functioning in the District or on the Zila Parishads thereof or on both to such extent and in such manner as the Government may by order, direct. Under section 118 (7 of the Act of 1961, an order was issued on 13 -2 -962 (Annexure A) by which it was ordered that the Deputy Commissioner will on behalf of the Government make the actual apportionment and allocation of assets and liabilities between the Zila Parishad and Panchayat Samities and according to the schedule to Annexure A the petitions No. 1 was held entitled to the assets pertaining to Navratra fairs at Jawalamukhi The petitioner No. 1 thus started organising Navratra fairs at Jawalamukhi from 1962 onwards. A notification, dated 10 -1 -1974 (Annexure 4C) was issued on behalf of the Governor to the effect that under section 256 of the Himachal Pradesh municipal Act. 1968 (hereinafter the Municipal Act) the Governor is pleased to declare the local area of Jawalamukhi as a Notified Area Committee with the result that instead of there being a Panchayat in Jawalamukhi a Notified Area Committee came into existence. The Deputy Commissioner, Kangra issued a letter, dated 22 -3 -1971 (Annexure F) directing the petitioner not to manage the fairs of Jawalamukhi or realise the Mela fees in future and further ordered that the Notified Area Committee Jawalamukhi is authorised to release the Mela fees, etc. The Chairman of the petitioner, sent a reply claiming that the right to realise the Mela fees, etc. during the Navratra fairs of Jawalamukhi vested with the petitioner No. 1.

(2.) In this writ petition, petitioner No. 1 and its Chairman have now challenged the notification, dated 10 -1 -1974 declaring Jawalamukhi to be a notified area and the orders, dated 12 -2 -1975/22 -3 -1975 by which the petitioner No. 1 has been directed not to realise the Mela fees, etc. It is alleged that the notification declaring Jawalamukhi as a notified area is illegal and unwarranted and the fairs at Jawalamukhi can only be arranged and managed by petitioner No.1. The Notified Area Committee has no concern with the arranging or managing these fairs. They further allege that the Notified Area Committee should be directed not to interfere in the functioning of the petitioners.

(3.) The petition is contested by the respondents who admit that previously Jawalamukhi was within the jurisdiction of District Board, Kangra, and subsequently it came within the jurisdiction of petitioner No.1. They also admit that Jawalamukhi was declared to be a Notified Area Committee and this Notified Area Committee functioning and making proper and adequate arrangements for the Navratra fairs. They allege that the petition is mela fide and not sustainable.