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2023 Supreme(HP) 297

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Raman Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Dushyant Dadwal and Ms. Suman Bhimta, Advocates.
For the Respondent:Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General, Mr. Ramakant Sharma, Ms. Sharmila Patial, Additional Advocate Generals, Mr. J.S. Guleria, Ms. Priyanka Chauhan, Mr. Arsh Rattan, Deputy Advocate Generals and Mr. Rajat Chauhan, Law Officer.

JUDGMENT :

Tarlok Singh Chauhan, J.

On 28.07.2019, a meeting of Gram Sabha, Amb, was held, but no consensus could be arrived at with regard to granting of status of Nagar Panchayat of Gram Panchayat, Amb. However, in August, 2019, an unanimous decision was taken by the members of the Gram Panchayat that Amb Panchayat may be divided into two Gram Sabhas i.e. Gram Sabha, Amb and Gram Sabha, Partap Nagar and the same was approved by majority vide resolution dated 23.11.2019.

2. On 24.08.2020, a resolution was passed by the Gram Panchayat, Amb, wherein it was again reiterated that Gram Panchayat, Amb, may be divided into two Panchayats in view of consensus already arrived at and the same was forwarded to the respondents. However, respondent No.1 on 25.08.2020 issued a notification inviting objections from the residents of the area and various panchayats to submit their objections/suggestions, if any, to the proposed declaration of Nagar Panchayat, Amb, under the provisions of the H.P. Municipal Act, 1994, (for short ‘Act’). Later, vide notification dated 27.10.2020, the respondents de

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