GRAM PANCHAYAT VILLAGE DASHMESH NAGAR JHANDA KALAN Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2012-11-505
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 20,2012

GRAM PANCHAYAT VILLAGE DASHMESH NAGAR JHANDA KALAN Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) Gram Panchayat, Village Dashmesh Nagar Jhanda Kalan has filed this Letters Patent Appeal against the order dated 5.7.2012 passed by the learned Single Judge, whereby the writ petition (C.W.P. No.12478 of 2012) filed by the appellant for quashing the order dated 8.6.2012 (Annexure P6) passed by the Director, Rural Development and Panchayats, Punjab (for short 'the Director') for repartition of the properties amongst the three Gram Panchayats, within a period of two months, has been dismissed being premature, by passing the following order:- "This writ petition is apparently premature. The petitioner has a grievance against the directions issued for dividing the assets of the panchayat, which was bifurcated long ago in the year 1999. It is stated that the same has been done and now it is being reopened. So far, no order has been passed to change any status of the panchayat or its properties. If there is any change, the petitioner may have a cause to approach. The petitioner has prematurely approached the court. The writ petition is dismissed as premature."
(2.) We have heard the learned counsel for the appellant, learned State counsel, who is appearing on behalf of respondents No.1 to 5 as well as the learned counsels for respondent No.6- Gram Panchayat Jhanda Kalan and respondent No.7- Gram Panchayat Vikas Nagar Jhanda Kalan, and are of the opinion that the writ petition filed by the appellant herein challenging the aforesaid order dated 8.6.2012 cannot be said to be premature, and the issue raised by the petitioner requires consideration.
(3.) In the facts and circumstances of the case, we deem it appropriate to decide the issue involved in the writ petition on merits instead of remanding the case to the learned Single Judge.;


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