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2025:HHC:44958

IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA

CWP No. 10908 of 2025

R eserved o n: 8.10.2025

Date of decision: 22.12 . 2025

Sanjay Mahajan. ...Petitioner.

Versus

State of H.P. & Others. …Respondents.

Coram

Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for reporting?

For the Petitioner. Mr.Nimish Gupta, Advocate.

For the Respondents: Mr.Anup Rattan, Advocate General, with

Ms.Swati Draik, Deputy Advocate General

and Mr.Shulabh Thakur, Assistant

Advocate General.

Vivek Singh Thakur, Judge

Present petition, invoking jurisdiction of this Court under

Article 226 of the Constitution of India, has been filed seeking following

substantive reliefs:-

“i. That notification dated 10^th July (sic) June, 2025, Annexure P-6

may be quashed and the respondents may be ordered not to shift

1 Whether the reporters of the local papers may be allowed to see the Judgment

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CWP No. 10908 of 2025

the Headquarters of Development Block from Nagrota Surian to

Jawali.

ii. That Notification dated 1.8.2024 (Annexure p/2) transferring 10

Gram Panchyats of Development Block Dehra may be quashed to

the extent that the said ten Gram Panchyats shall continue to be

part of the Development Block Nagrota Surian as these are merely

8 to 10 kilometers from Nagrota Surian.”

2. Ground for laying chaltlenge to the Notifications, narrated in

the pleadings, is that the aforesaid Notifications are bad in law being in-

conflict with the provisions of Panchayati Raj Act, 1994 (for short ‘PR Act’)

and Panchyati Raj (Election) Rules, 1994 (‘Election Rules’), and these

Notifications have been issued on the basis of malafide political

consideration, not in the interest of public at large, but only for vested

political interests.

3. By filing reply, action of the State has been justified by

H stating that process of organization, including shifting and managing of

Gram Panchayats and delimitation of Panchayat areas at all levels as

well as shifting of Headquarters of Development Block Nagrota Surian to

Jawali has been carried out in strict adherence to the binding principle of

mandate based on objective criteria of administrative feasibility, workload

balancing and geographical centrality as recommended by the competent

field authorities. Further that the decision of delimitation as well as

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CWP No. 10908 of 2025

shifting of Block Headquarter to Jawali has been taken to maximize public

convenience and administrative efficiency, after deliberation and approval

in the State Cabinet in meeting held on 31.5.2025. Alongwith reply, copy

of map alongwith distance of various Gram Pafnchyats has been placed

on record.

4. In rejoinder, plea taken in the reply has been disputed and

submissions made in the petition have been re-iterated. Alongwith

rejoinder a table indicating the distance of the Gram Panchayat from

Nagrota Surian in comparison to Jawali, has also been placed on record,

which is similar to distance chart placed on record by respondents-State

on format-II with site map Annexure R-1.

5. Section 77 of the PR Act provides that for each Block there

shall be a Panchayat Samiti having jurisdiction over the entire Block

excluding such portion of Block as are included in a Municipality

constituted under any law for the time being in force, therefore,

hereinafter reference of Development Block and Panchayat Samiti shall

include both and each other, because technically, area of a Development

Block is also a Panchayat area of the concerned Panchayat Samiti

established for the said Block.

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6. Vide Notification dated 1.8.2024, quashing whereof has

been prayed in prayer ii, respondents have re-organized Development

Block Dehra, by including 17 Gram Panchayats of Development Block

Fatehpur, District Kangra and 10 Gram Pancfhayats from Development

Block