ORDER :

The municipality of Nagar Panchayat Kandaghat came into being under Section 3 of the Himachal Pradesh Municipal Act 1994 (for short, “Municipal Act”) on publication of Notification dated 28.10.2020. Vide same notification, the Government of Himachal Pradesh declared some parts of local areas of Gram Panchayat Sirinagar and Kawarag as municipal area of Nagar Panchayat Kandaghat under Section 4(6) of the Act ibid.

3. In sequel to Constitution of Nagar Panchayat Kandaghat and inclusion of local areas of Gram Panchayat Sirinagar in said municipality, Deputy Commissioner, Solan on 15.06.2021 ordered the transfer of all assets and liabilities of Rural Development and Panchayati Raj Department in favour of Urban Development Department, Himachal Pradesh, pertaining to such local area of Gram Panchayats Sirinagar and Kawarag which had been declared as municipal area of Nagar Panchayat Kandaghat.

4. Petitioner, by way of instant petition, has assailed the action of respondents whereby moveable and immovable assets earlier held by it have been ordered to be transferred in the manner above mentioned and has prayed for following substantive reliefs:

“(i). To issue writ of certiorari thereby quashing and setting aside the impugned office letters dated 15.05.2021, 17.05.2021 and 04.06.2021, Annexures P-6, P-7 P-8, and the impugned office order dated 15.06.2021, Annexure P-9, being wrong arbitrary and legally not tenable.

(ii) To issue appropriate writ, direction and order thereby restraining respondents No.1, 2 and 4 to 6 from dispossessing the petitioner from the office building (two storeyed) situated over abadi deh land comprising Khasra No.794 precisely denoted by Khasra No.794/1 (Annexure P-5), situated in Mauja Sirinagar, Tehsil Kandaghat, District Solan, H.P. and other assets mentioned in the list annexed with Annexure P-9 along with the vehicle bearing registration HP-13-3807, till the final disposal of the present writ petition”.

5. As per petitioner, the impugned communications and order are bad in law for want of prior consent of Government of Himachal Pradesh as required by Section 112 of the Himachal Pradesh Panchayati Raj Act (for short, “Panchayati Raj Act”). Petitioner has also contended that transfer of moveable assets was without jurisdiction and authority. Further, the action of respondents in transferring the assets of petitioner in favour of Nagar Panchayat Kandaghat have been assailed to be in violation of Section 57 of the Municipal Act.

6. In addition, petitioner has also taken exception to impugned action of respondents on the ground that petitioner had only suitable place for its office in building constructed on Khasra No. 794/1 in Kandaghat and after its transfer petitioner will not be left with any other suitable and convenient place for its office.

7. Respondents while contesting the claim of petitioner have averred that action of respondents in transferring of assets from Gram Panchayat Sirinagar to Nagar Panchayat Kandaghat was perfectly legal. Petitioner has been alleged to be guilty of suppression of true and immaterial facts on the ground that it had already exhausted the remedy by filing CWP No.6044 of 2020 which was dismissed by this Court on 7.1.2021. It has been contended that funds amounting to Rs.54,23,727/- were provided by the Rural Development and Panchayati Raj Department in the year 2018-19 and the office building of petitioner on Khasra No.794/1 was constructed with this amount. The said asset now stands transferred to Urban Development Department on the strength of the decision of the Government in that behalf conveyed by Secretary Urban Development vide communication dated 15.05.2021. Ground of non-maintainability of petition has also been raised in view of availability of alternative remedy under section 143 of Panchayati Raj Act.

8. We have heard learned counsel for petitioner as well as learned Advocate General for the state and have also gone through the records.

9. This court has already