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1994 Supreme(SC) 1312

G.N.RAY, K.RAMASWAMY
Karnail Singh – Appellant
Versus
Darshan Singh – Respondent


Advocates:
Indu Malhotra, M.K.Dua, MANOJ SVARUP, NISHA BAGCHI

Order

1. Leave granted.

2. The State Government of Haryana exercising the power under Section 4 of the Punjab Gram Panchayat Act, 1952, (for short the Act) issued the notification dated 18-12-1991 amalgamating Bhorakh and Harigarh Gram Sabhas as Bhorakh Madan Harigarh Gram Sabha with consequential changes in the respective columns in Block Pehowa in Kurukshetra District. The said notification when was challenged by the second respondent and others in WP No. 499 of 1992, the learned Single Judge of the Punjab and Haryana High Court by his order dated 2-11-1993 quashed the said notification. On appeal in LPA No. 893 of 1993, by order dated 21-12-1993, the Division Bench summarily dismissed the appeal. Thus, this appeal by special leave.

3. It is not in dispute that in the year 1988 separate gram sabha areas were constituted which was upheld by the High Court. On 13-11-1991, the Gram Panchayat, Bhorakh had resolved requesting the Government to amalgamate the two gram panchayats into one. Thereon, the Block Development and Panchayat Officer in his Report dated 28-11-1991 recommended amalgamation which was reaffirmed by his subsequent report dated 30-11-1991. But the Deputy Commissioner in











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