Lakhmi Chand @ Lakshmi Chand vs District Magistrate and Others

B.S. Verma, J.—Heard learned Counsel for the parties.

By means of this petition, the Petitioner has sought writ in the nature of certiorari quashing the final delimitation list issued by the Respondents dated 15.05.2010 (Annexure-4 to the writ petition), whereby delimitation of Gram Panchayat Dallawala, Vikas Khand Khanpur, District Haridwar has been bifurcated into two Gram Panchayats namely Gram Panchayat Dallawala and Gram Panchayat Joga Wala.

According to the Petitioner, he has filed objection before the Delimitation Committee, headed by Collector, wherein it is stated that population of Majra Jogawala has wrongly been shown in the tentative delimitation list.

In support of his contention, learned Counsel for the Petitioner relied upon the report of A.D.O. (P) Vikas Khand, Khanpur, District Haridwar (annexed as annexure R.A. 1 to the rejoinder affidavit), who made an enquiry on the complaint of the Petitioner.

The proposal for bifurcation of Panchayat was made by Block Development Officer, Vikas Khand Khanpur, on the ground that there is a river Solani between Dallawala and Jogawala and the distance between Village Jogawala and Village Dallawala is about 1.5 Km not 2.5 Km. Report of Tehsildar has also been filed along with the rejoinder affidavit in support of his contention.

In the counter affidavit, State has denied the averments made by the Petitioner and it is stated that the decision has rightly been taken by the Committee as the population is exceeding one thousand in the village Jogawala. As per Section 11-F of U.P. Panchayat Raj Act, 1947, the State Government may by notification declare any area comprising a village or group of villages, having population of 300 in hill area and 1000 in plane area as a Panchayat area with a proviso that the population should not exceed 1000 in hill area and 5000 in plane area.

Having heard learned Counsel for the parties and after perusal of the report, the only controversy raised by the Petitioner is that population of Village Jogawala is not more than 1000 for the base year 2001.

In the rejoinder affidavit, filed on behalf of the Petitioner, in para-6 it has categorically been stated that in the report submitted by Block Development Officer, Khanpur, as per 2001 census, population of Village Jogawala as 1265 is wrong as it wrongly included large number of families of Village Dallawala. It is further stated that ADO (P) Vikas Khand, Khanpur, District Haridwar, vide his report dated 17.07.2010, reported that in the Panchayati electoral roll/voter list of 2005, voters from serial No. 1502 to 1598 and person at serial No. 1616 are residing in Village Dallawala but in the electoral list/voter list, their names are recorded in ward of Jogawala. As per the report, the total number of members shown in Village Jogawala is 192. If the contention of learned Counsel for the Petitioner is taken into consideration, the population of 1265 as shown in Village Jogawala exceeds 1000, therefore, as per provision of law, new Gram Panchayat could be created.

Considering this aspect that there is a river between the two villages namely Jogawala and Dallawala, the Delimitation Committee has rightly taken the decision to bifurcate Gram Panchayat Dallawala into two Gram Panchayats and therefore needs no interference. The petition is devoid of merits. The same is dismissed summarily.