CWPOA/713/2019
2021 Latest Caselaw 2854 HP

CWPOA No. 713 of 2019

24.05.2021 Present: Mr.K.S. Banyal, Senior Advocate, alongwith

.

Mr.Vijender Katoch, Advocate, for the petitioner,

through Video Conferencing.

Mr.Raju Ram Rahi, Deputy Advocate General, for respondents No.1 to 4, through Video Conferencing.

Respondent No.5 is ex-parte vide order dated 09.06.2006.

Mr.R.K.Sharma, Senior Advocate, alongwith

Ms.Vidushi Sharma, Advocate, for respondent No.6, through Video Conferencing.

When matter was taken up for dictating judgment,

certain points arise which require clarifications and, therefore,

this matter has been listed for orders today.

Certain points stand clarified. However, with

respect to date from which residents of original Panchayat

would become residents of newly constituted respective

Panchayats, there is neither any material on record nor parties,

including respondents-State, are in a position to explain it on

the basis of record. Therefore, parties are directed to place on

record relevant material to clarify the aforesaid issue on or

before 21.06.2021.

Respondent No.3/Sub-Divisional Magistrate, Barsar,

District Hamirpur, H.P., is also directed to file affidavit, after

having consultation with concerned Department/authority, if

required so, explaining therein about date from which residents

of old Panchayat would be considered to be residents of newly

constituted respective Panchayats on reorganization of the

Panchayats and also date from which newly constituted

Panchayats would become functional for all intents and

purposes including domicile in general and also indicating

specific date in particular in present case with respect to Gram

Panchayat Dhangota, bifurcated vide Notification dated

20.08.2005. He is also directed to gather information from the

.

Deputy Director of Elementary Education, Hamirpur, H.P., with

respect to status of the post of Primary Assistant Teacher in

Government Primary School, Dhangota, subject matter of

present lis and incorporate the same in his affidavit.

Necessary affidavit be filed on or before

21.06.2021.

List on or immediately after 28.06.2021 as and

when this Bench assembles.

(Vivek Singh Thakur) Judge May 24, 2021 (Purohit)