High CourtsSingle Bench(2010) 12 SHI CK 0109

Parkash Chand vs Director Panchayati Raj and Another

High Court Of Himachal Pradesh · Decided on 6 December 2010

HON’BLE JUDGES
Deepak Gupta, J
RESULT
Dismissed
CASE NUMBER
CMPMO No. 430 of 2004

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Judgment

3 paragraphs · 211 words

Deepak Gupta, J.—This petition is directed against the order dated 9.11.2004 passed by the Director Panchayati Raj dismissing the appeal of the Petitioner and upholding the order of the Deputy Commissioner, Kangra.

2.

It would be pertinent to mention that the Petitioner filed an application for regularization of his encroachment over the forest land in Mohal Tharu, Maoza Jangal, Tehsil Jawali, District Kangra. He later filed an affidavit on 24.11.2003 stating therein that the possession of the land is with the Forest Department. The report of the Divisional Forest Officer was called for.

3.

This petition has become infructuous in view of the fact that the Petitioner who was appointed as Pradhan sometime in the year 2000. His election was set aside, but the order of setting aside the election was stayed by this Court. Therefore, the Petitioner continued as Pradhan. In fact subsequently elections were held in the year 2005 and now fresh elections are to be held in the month of December, 2010. Therefore, nothing survives in the petition which is dismissed. In case any question is raised with regard to the eligibility of the Petitioner to fight the new election, the same shall be decided strictly in accordance with law without reference to the earlier orders. No costs.