JUDGEMENT
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(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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