IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMP MO No. 377 of 2008 Date of decision September 29,2008 __________________________________________________________ 1. CMP MO No. 377 of 2008 Pardhan, Gram Panchayat Amarpur ….Petitioners. Versus Secretarty, Health & others ….Respondents ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 __________________________________________________________ CMP MO No. 377 of 2008 For the Petitioner: Shri R.S. Kanwar, Advocate. For the Respondent: Ms. Ruma Kaushik, Addl A.G. __________________________________________________________ Dev Darshan Sud, J. This is the plaintiffs’ petition under Article 227 of the constitution of India against the order of learned District Judge, Bilaspur dismissing the petition of the plaintiffs/petitioners herein for grant of interim injunction in a suit preferred by him. The learned trial Court, on the facts pleaded, did not accept the prayer of the plaintiff restraining the respondents from shifting the Primary Health Centre as prayed for. This was affirmed by the learned District Judge. Learned counsel appearing for petitioner submits that both the Courts have committed a grave irregularity and illegality in declining the prayer 1 Whether reports of Local Papers may be allowed to see the judgment? 2 of the plaintiff for grant of an interim relief and that on the facts pleaded, the plaintiff is as a matter of fact entitled to the interim relief. He submits that the primary conditions necessary for the grant of such relief have been established on the record of the case and the Courts below were in grave error in not considering the fact that the plaintiff would suffer irreparable loss and injury. I do not find any merit in the submissions made by the learned counsel for petitioner. No illegality has been committed by the Courts below in declining the relief of injunction. This is not a fit case where interference is called by this Court exercising its powers under Article 227 of the Constitution of India. Both the Courts below having concurrently found against the petitioner-plaintiff, this petition is dismissed. There shall be no order as to costs. September 29, 2008 (Dev Darshan Sud), (ms) Judge