Gopal Singh And Another vs Secretary Panchayati Raj And Others

Sandeep Sharma, J

Precisely, the grouse of the petitioners, as has been highlighted in the present petition and further canvassed by Mr. Naresh Kumar Tomar, learned counsel for the petitioners, is that the Secretary of Gram Panchayat Daro Devaria, Tehsil Pachhad, District Sirmaur, Himachal Pradesh has wrongly and unauthorizedly, without following due procedure as per Panchayati Raj (General) Rules, 1997, changed the parentage of respondent No.4 Kanaura Ram in the record of Parivar register maintained by said Gram Panchayat. It is averred in the petition that correct name of father of Kanaura Ram was “Sheru Ram” but Secretary of the Gram Panchayat, without verifying record, changed the same to “Santu”, who otherwise happens to be the grandfather of the petitioners.

Mr. B.C. Verma, learned Additional Advocate General, while appearing on behalf of respondents Nos. 1 to 3 states that there is no locus of petitioner to file present petition but otherwise also, relief as sought for in the instant petition cannot be granted in the instant proceedings rather he is required to approach District Magistrate, who is competent under Panchayati Raj Act to take cognizance of such complaint

Careful perusal of Rule 21(2) of the Panchayati Raj (General) Rules, 1997, framed under the Panchayati Raj Act, if read in its entirety, suggests that certain procedure is required to be followed before ordering correction in the family register.

Consequently, in view of above, present petition is disposed of reserving liberty to the petitioners to file appropriate application before the District Magistrate Sirmaur at Nahan, for redressal of their grievance within a period of two weeks from today. Aforesaid authority, shall decide the same in accordance with law, within six weeks from the date of receipt of such application. Needless to say, authority concerned, while doing the needful, shall afford opportunity of hearing to the petitioner and pass detailed speaking order. liberty is reserved to the petitioner to file appropriate proceedings, before appropriate court of law, if he still remains aggrieved.

The petition stands disposed of in the afore terms, alongwith all pending applications.