Gram Panchayat Nirman Sudhar vs Ajay Kumar And Ors
2023 Latest Caselaw 5101 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          COPC No.175 of 2020
                                          Decided on: 1st May, 2023
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    Gram Panchayat Nirman Sudhar
    Sangarash Samiti, Yol                                             .....Petitioner




                                                                                     .

                                          Versus
    Ajay Kumar and Ors.                                           .....Respondents
    -------------------------------------------------------------------------------------
    Coram





    Ms. Justice Jyotsna Rewal Dua, J.

Whether approved for reporting? 1

For the Petitioner: Ms. Ranjana Chauhan, Advocate.

For the Respondents: Mr. Shashi Shirshoo, Central Govt.

Counsel, for respondents No. 1, 2 and

4 to 6.

Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondent No.3.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Learned counsel for respondents No. 1, 2 and 4 to

6 has placed on record a copy of notification dated 27.04.2023

issued by the Ministry of Defence in exercise of powers

conferred by sub-section (1) of Section 3 of the Cantonments

Act, 2006, whereby the Central Government has declared that

'the Cantonment of Khas Yol, the limits of which were defined

in notification dated 31st, January, 1942, shall cease to be a

cantonment with effect from the date of publication of this

Whether reporters of print and electronic media may be allowed to see the order?

notification'. The said notification was published in the

Gazetted of India Extraordinary on 27.4.2023.

2. Learned Additional Advocate General also placed

.

on record a copy of notification dated 28.4.2023 issued by the

State in exercise of powers conferred by Sub Section (2) of

Section 3 of the Himachal Pradesh Panchayati Raj Act, 1994,

whereby excised areas of Yol, Cantt. have been merged in the

existing wards of Gram Panchayats Rakker, Baghini, Tangroti

Khas and Narwana Khas of development block Dharamshala,

District Kangra, Himachal Pradesh as specified in "Schedule"

from the date of publication and notification in Rajpatra (e-

Gazette) of H.P. Government Governor of Himachal Pradesh. It

has further been ordered that new Gram Sabha(s) shall be

constituted before the General Elections to PRI's in the year

2025.

In view of the compliance of the judgment in

question and the issuance of notifications as noted above,

nothing further remains for adjudication in this petition. The

petition is accordingly closed. Notices issued to the

respondents are discharged. Pending applications, if any, also

stand disposed of.

                                                 Jyotsna Rewal Dua
    May 1st, 2023                                      Judge
         tarun