Himachal Pradesh High Court
Gram Panchayat Bharmaur vs . State Of Hp And Another on 25 August, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Ajay Mohan Goel
Gram Panchayat Bharmaur vs. State of HP and another CWP No. 5819 of 2023 .
25.08.2023 Present: Mr. Ashok Sharma, Senior Advocate with Ms. Anubhuti Sharma, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with M/s Rakesh Dhaulta and Pranay Pratap Singh, Additional Advocate General and M/s Arsh Rattan and Sidharth Jalta, Deputy Advocate Generals, for the respondents/State.
of CWP No. 5819 of 2023 & CMP No. 11165 of 2023 Notice before admission. Mr. Sidharth Jalta, learned rt Deputy Advocate General, accepts notice on behalf of respondent no. 1. Separate notice be issued to respondent no. 2 returnable for 25.09.2023, on taking steps within one week.
Petitioner is a Gram Panchayat constituted under the Himachal Pradesh Panchayati Raj Act, 1994. It had proposed to conduct a fair in exercise of the powers conferred on it under Section 20 of the said Statute read with Item No. 18 of the Schedule-1 to the Act on 6th of September, 2023. Pursuant thereto, notice Annexure P-2 was also issued inviting persons for setting up of shops. Thereafter, the 2nd respondent has issued Annexure P-3, dt. 19.08.2023, stating therein that the 2nd respondent-Trust would conduct the fair. The petitioner has also made representation on 21.08.2023 to the 2nd respondent stating that the fairs within its territorial jurisdiction are managed and organized by it alone, that shops were auctioned for Bharmour territorial local 'Jatar' and the fair of 84 Temple is to be organized by Gram Panchayat, Bharmaur, ::: Downloaded on - 26/08/2023 20:33:43 :::CIS like every year and it is permissible to the Gram Panchayat to do so .
in view of Section 20 of the Act.
Prima facie, the provisions of Section 20 read with Item No.18 of the Schedule-1 of the Act and also Rule 40 of the Himachal Pradesh Panchayati Raj General Rules 1997 empowers of the Gram Panchayat to start, manage and regulate fairs and markets within the Sabha area in the manner prescribed. Therefore, the rt respondents cannot prevent the petitioner-Gram Panchayat from holding the fair and interfering with the same in any manner.
Therefore, there shall be interim stay of Annexure P-3, dt.
19.08.2023 and Annexure P-5, dt. 21.08.2023 issued by the 2nd respondent until further orders.
List on 25.09.2023.
(M.S. Ramachandra Rao) Chief Justice (Ajay Mohan Goel) Judge August 25, 2023 (narender) ::: Downloaded on - 26/08/2023 20:33:43 :::CIS