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2012 Supreme(HP) 585

DHARAM CHAND CHAUDHARY
Kameshwar Sharma – Appellant
Versus
State of H. P – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Sanjeev Bhushan, Advocate for the Petitioner.
For the Respondent(s):Mr. Rajinder Dogra, Addl. A.G. for respondents No.1 to 4.
Mr. Dalip Kumar Sharma, Advocate for respondent No. 5.
Mr. B.C. Negi, Advocate for respondent No.6.

Judgment

Dharam Chand Chaudhary, J.

The only direction, in the nature of mandamus, sought against the respondents in this writ petition is that they should hold an emergent meeting of Gram Sabha for discussion on agenda items, pertaining to shifting of the headquarters of Gram Panchayat Dadhogi from Dadhogi to Bag-ka-Jubbar in the presence of a responsible officer and also for quashing impugned order Annexure P-12 whereby the meeting of Gram Sabha earlier fixed on 4.3.2012 for discussion on this agenda item, was cancelled.

2. However, in view of the chequered history of this case hereinbelow, it may not be appropriate for a single Bench of this Court to entertain and decide the fate of this writ petition and rather to issue a direction to the Registry to place the same before Hon’ble the Chief Justice for referring the matter to a Division Bench for adjudication of the point in issue, in accordance with law.

3. Admittedly, the State Government, vide notification No. PCH-HA(4)-12/2005 dated 20.5.2008 (Annexure R-I to the reply filed on behalf of respondents No. 1 to 4) constituted a Gram Panchayat with headquarters at Dadhogi under Development Block Kunihar, District Solan. Consequen





































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