High CourtsDivision Bench(2011) 09 SHI CK 0139

Balwant Singh vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 20 September 2011

HON’BLE JUDGES
Kurian Joseph, C.J · Sanjay Karol, J
CASE NUMBER
CWP No. 5384 of 2011

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Judgment

5 paragraphs · 222 words

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That a writ of mandamus may very kindly be issued and Respondents may be directed to decide the application as made by the Petitioner to Respondent No. 3 in accordance with law.

(ii) That the Respondents may further be directed to restrain the Respondent No. 4 from discharging the functions of the Pradhan, Gram Panchayat Bir Bagehra, Tehsil Sujanpur, District Hamirpur, Himachal Pradesh.

2.

In the nature of the order we propose to pass in this case, it is necessary for this Court to go into the various contentions available to the Petitioner and the 4th Respondent since both the parties will get an opportunity before the competent authority namely 3rd Respondent. Therefore, there will be a direction to the 3rd Respondent to look into the annexure P-3 and dispose of the same in accordance with law after affording opportunity of hearing to the Petitioner and the 4th Respondent within a period of three months from the date of production of copy of this judgment alongwith copy of writ petition by the Petitioner before the 3rd Respondent. It will be open to both the parties to take all available contentions before the 3rd Respondent.

3.

With these observations, writ petition is disposed of, so also the pending applications, if any.