Bijendra Kumar & Others vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this

common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 2074 of 2020 are being considered.

In these bunch of writ petitions, petitioners have challenged the de-limitation of Gram Panchayats made by District Magistrate, Haridwar on

31.07.2020. In some writ petitions, the order of re-constitution of Gram Sabhas has also been challenged.

The reliefs claimed in Writ Petition (M/S) No. 2074 of 2020 are reproduced below:-

“i. issue a writ or order in the nature of certiorari to quash the impugned Office order dated 31-7-2020 issued by respondent no. 1 (Annexure No. 1

to this writ petition)

ii. issue a writ or order in the nature of certiorari to quash the Final Delimitation List/notification dated 14.10.2020 issued by Committee as constituted

by Office order dated 31-7-2020 (Annexure No. 4 to this writ petition).

iii) to issue any other writ order or direction in the nature of mandamus directing the State Government to conduct the exercise as per the Provisions

of Section 4 de novo for delimitation of Panchayat in respect of District Haridwar.â€​

Learned counsel for the petitioners submit that, in view of the recent developments, they do not want to press the relief as claimed in the writ

petitions and petitioners would be satisfied if the writ petitions are disposed of with liberty to petitioners to approach the Secretary, Panchayati Raj,

Government of Uttarakhand, Dehradun by making representation(s), who may be directed to take decision on such representation(s) within some

specified time.

Learned Advocate General appearing for the State submits that he has no objection if the writ petitions are disposed of in the aforesaid terms.

Accordingly, the writ petitions are disposed of with liberty to petitioner(s) to approach the Secretary, Panchayati Raj, Government of Uttarakhand,

Dehradun by making representation(s). If such representation(s) is made by the petitioner(s) within ten days from today, decision thereupon shall be

taken, as early as possible; but, not later than four weeks thereafter.