Gram Panchayat, Village, Khaira, Tehsil Mahindergarh, District, Narnaul Vs. State of Haryana and Others - Court Judgment

Excerpt:

.....appeal shall lie. even otherwise, the word judgment as defined under section 2(9) means a statement given by a judge on the grounds of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept in mind that the special statute only provide for an appeal to the high court. it has not made any provision for filing appeal to a division bench against the judgment or decree or order of a single judge. no letters patent appeal shall lie against a judgment/order passed by a.....order1. mr. ball admits having received the costs.2. mr. rathee also appears for respondent no. 1 and says that he adopts the reply already filed by respondent no. 2.3. under s.4(2) of the haryana municipal aci, 1973, any inhabitant of the municipal area or a local area, on alteration of the boundaries of the municipal area, is entitled to raise objections. the petitioner herein is a gram panchayat of village khaira and is supposedly aggrieved on the alternation of the boundaries of the municipal area. in our view, the gram panchayat, which is a juristic person and not a natural one, cannot betermed as 'inhabitant' so as to object under s. 4(2) about the alteration of the boundaries of the municipal area. that privilege is with natural persons and not juristic ones like the panchayat. for this reason we dismiss the petition in limine.4. petition dismissed.

Judgment:

ORDER

1. Mr. Ball admits having received the costs.

2. Mr. Rathee also appears for respondent No. 1 and says that he adopts the reply already filed by respondent No. 2.

3. Under S.4(2) of the Haryana Municipal Aci, 1973, any inhabitant of the municipal area or a local area, on alteration of the boundaries of the municipal area, is entitled to raise objections. The petitioner herein is a Gram Panchayat of village Khaira and is supposedly aggrieved on the alternation of the boundaries of the municipal area. In our view, the Gram Panchayat, which is a juristic person and not a natural one, cannot betermed as 'inhabitant' so as to object under S. 4(2) about the alteration of the boundaries of the municipal area. That privilege is with natural persons and not juristic ones like the Panchayat. For this reason we dismiss the petition in limine.

4. Petition dismissed.