DHANBIR Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioners who are residents of village Bhailla, Gram Panchayat Nagheta, Tehsil Paonta Sahib, District Sirmaur, H.P, have prayed that the headquarters of Gram Pachayat, Nagheta which are at village Bhailla, be permitted to continue there and the respondents No. 1, 2 & 4 be directed to ensure that the record of Gram Panchayat, Nagheta is brought back to the Panchayat Ghar at Bhailla.

(2.) THE brief facts necessary for disposal of the case are that Gram Panchayat Nagheta was set up prior to 1964 under the provisions of H.P. Panchayat Raj Act, 1952 (hereinafter referred to as the 1952 Act). A perusal of the 1952 Act shows that there was no provision for fixing the headquarters of a Gram Panchayat. The petitioners have attached a resolution with the writ petition as Annexure P2 passed by the Gram Sabha in its meeting held on 9.3.1966. One of the decisions taken was that the Panchayat Ghar should be constructed at village Bhailla. This resolution was again confirmed by another resolution dated 3.9.1966. The petitioners have also attached a copy of the jamabandi for the year 1965-66 of Mauja Bhailla in which khasra No. 27 measuring 0-5 bigha has been shown in the possession of Gram Panchayat, Nagheta and it was also recorded that on the land there is a Gair Mumkin Panchayat Ghar. To the similar effect is the jamabandi for the year 1998-99 (Annexure P5) . Some other material has been placed on record to show that the funds were allotted by the Government for construction of the Panchayat Ghar at Bhailla. According to the petitioners on 17.10.2006, respondent No.5 who is the Pradhan of Gram Panchayat, Nagheta and belongs to village Nagheta decided to shift the record from the Panchayat Ghar, Bhailla to Nagheta and he without any legal authority or justification shifted the record. Complaints were lodged with the various authorities, but to no avail. Thereafter the petitioners moved this court by means of the present writ petition.

(3.) REPLY to the writ petition has also been filed by respondents 5. In addition to the defence taken up by the State, according to respondent No. 5 the headquarters of Gram Panchayat, Nagheta were notified at village Nagheta itself and Panchayat Bhawan was constructed on 2 biswas of land on khasra No. 188 and has been functioning there since then. According to respondent No. 5, the Gram Panchayat Nagheta has been functioning from Panchayat Bhawan at village Nagheta since long. According to the respondents at one point of time since the office of Gram Panchayat Nagheta at Nagheta required repairs, therefore, temporary operations were started from village Bhailla. It is further alleged that khasra No. 188 is already in possession of Gram Panchayat, Nagheta and was never in possession of the school as shown in the revenue record.