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2023 Supreme(HP) 258

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Gulab Thakur – Appellant
Versus
Chet Ram – Respondent


Advocate Appeared:
For the Appellant :Mr. Shrawan Dogra, Mr. Tejasvi Dogra, Mr. Bharat Thakur and Mr. Harsh Kalta, Advocates.
For the Respondents:Mr. G. D. Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate, Mr. Anup Rattan, A. G. with Mr. Y. W. Chauhan, Sr. Addl. A.G., Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl. A.Gs., Ms. Priyanka Chauhan, Dy. A.G. and Mr. Rajat Chaun, Law Officer

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner has sought review of the judgment passed by this Court on 15.10.2022 in CWP No. 1610 of 2021, whereby the writ petition filed by respondents No. 1 to 5 came to be allowed and thereby the creation of the Nagar Panchayat, Anni was quashed, however, the official-respondents were granted liberty to create the Nagar Panchayat, Anni, in accordance with law.

2. The petitioners claimed that even though they are affected parties being the elected representatives of the Nagar Panchayat, Anni, yet they were not made parties in the writ petition and, therefore, any decision passed behind their back is bad in law. In addition to that, it is claimed that this Court ought not to have quashed the entire notification constituting the Nagar Panchayat, Anni, merely, on account of non-inclusion of certain khasra numbers (about 29), which were not included in the initial proposal but were included in the official notification dated 27.10.2020.

3. According to the petitioner, as per settled law, whenever any legislation or consequential decision is sought to be interpreted, firstly violation of Constitutional right or statutory right is to be identified. Th

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