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

SooperKanoon Citation
SubjectProperty
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Writ Petn. No. 10817 of 1988
Judge
Reported inAIR1990P& H88
ActsHaryana Municipal Act, 1973 - Sections 4(2)
AppellantGram Panchayat, Village, Khaira, Tehsil Mahindergarh, District, Narnaul
RespondentState of Haryana and Others
Appellant Advocate D.S. Bali, Sr. Adv. and; R.A. Yadav, Adv.
Respondent Advocate S.V. Rathee, Adv.
Excerpt:
.....passed by a single judge in exercising powers of superintendence under article 227 of the constitution. - that privilege is with natural persons and not juristic ones like the panchayat..........
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.


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