IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Reserved on 24.02.2026 Date of decision: 13.03.2026 _____________________________________________________________________________ Rakesh Kumar and others ...Petitioners.

Versus State of Himachal Pradesh and others …Respondents.

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

Hon’ble Mr. Justice Ranjan Sharma, Judge.

Whether approved for reporting? ¹ _____________________________________________________________________________ For the Petitioners. Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Amit Kumar Dhumal and Ms. Parul Negi, g Advocates.

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

H Ramakant Sharma, Additional Advocate General.

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Vivek Singh Thakur, Judge Preferring present petition under Article 226 of Constitution of India, petitioners have assailed constitution and declaration of Nagar Panchayat, Dharampur, District Mandi, H.P., vide impugned notification dated 20.12.2024, issued by the respondents, alleging the same to be

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

arbitrary, illegal and violative of Articles 14 and 243Q of PConstitution of India.

2. Respondents have defended the constitution of Nagar Panchayat in reference, with submission that impugned notification was issued after fulfilling all legal formoalities, by exercising the power conferred upon respondents to d o so, for better development and improved arrangements in the area in reference, after giving due consideration to the objections raised by the local inhabitants for fulfilling long standing demand of large number of people of the area.

3. CVide notification dated 23.11.2024, Department of Urban Development, Government of Himachal Pradesh had invited objections, if any, from inhabitants of the area, specified in the schedule annexed with the notification for proposed declaration of Nagar Panchayat, Dharampur, iwithin a period of two weeks from the date of publication of notification in Rajpatra, (e-Gazette) of Himachal Pradesh, through Deputy Commissioner, Mandi.

4. Petitioners have placed on record objections/opposition of a constitution of Nagar Panchayat, Dharampur along with communication dated 07.01.2025, as Annexure P-3 (Colly), which indicate that against the constitution of Nagar Panchayat, Dharampur, inhabitants and different organizations had registered their opposition, vide objections dated

19.11.2024, 23.11.2024, 23.11.2024, 02.12.2024, 18P.12.2024 and

26.12.2024.

5. Though, numerous grounds have been narrated in the petition for objecting constitution of Nagar Panchayat, Dharampur, however, during arguments, only followoing submissions were made.

6. It is claim of the petiti oners that aforesaid objections were not considered by the respondents and further that time of two weeks for filing objections was contrary to the time of four weeks and six weeks to be provided under the Himachal Pradesh Municipal Act, 1994, stipulated in SectionC 4 of Himachal Pradesh Municipal Act, 1994, providing procedure for declaring municipal area.

7. It has been further submitted that impugned action of respondents is in violation of and in conflict with provisions of Article i243-Q of the Constitution of India, which provides mandatory procedure for constitution of municipalities. It has been submitted that, especially as provided in provisions of Article 243Q(2), before constitution of Nagar Panchayat Dharampur, the area in reference has not been declared as “transitional area”, “a smaller urban area” or “a larger urban area”, and respondents have failed to take in account relevant factors, i.e. population of the area, density of the population, revenue generated in the area for local administration, percentage of employment in non-agricultural activities, economic importance or such other factors, likPe the primary source of inco