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Himachal Pradesh High Court · body

2011 DIGILAW 220 (HP)

Amritpal Singh v. Municipal Corporation

2011-01-06

KURIAN JOSEPH, V.K.SHARMA

body2011
JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: “(a) The notice dated 19.11.2009 under Section 253 of the H.P. Municipal Corporation Act, 1994 the subsequent proceedings initiated by the respondent Corporation resulting in the passing of the impugned orders dated 29.12.2010 and the order dated 29.12.2010 may very kindly be quashed and set aside.” 2. According to the petitioner, the impugned order passed is wholly without jurisdiction, but under Section 253 of the H.P. Municipal Corporation Act, 1994, Annexure P-5 is appealable before the District Judge. Therefore, this writ petition is disposed of as follows: 3. In the event of the petitioner filing an appeal against Annexure P-5 before the District Judge, the same shall be considered only on the ground of jurisdiction of the Commissioner to pass the impugned order. The order, as above, shall be passed within four months from the receipt of the appeal. Subject to the petitioner filing the appeal, as above, within one month from today, the implementation of Annexure P-5 will be deferred till the orders are passed by the District Judge. It is made clear that there shall be no commercial use of Pool and Snooker tables. 4. The writ petition is disposed of, so also the pending applications, if any.