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Judgment
6 paragraphs · 267 wordsRamesh Ranganathan, CJ
Heard Sri Bhagwat Mehra, learned counsel for the petitioner and Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand / respondents.
The relief sought for in this writ petition is for a mandamus commanding the respondents, particularly the Chief Secretary, Government of Uttarakhand to forthwith consider and take a decision for declaring Tok Manshakhal of Village Panchayat Dol of Tehsil Lamgara, District Almora as a revenue village.
The question whether Tok Manshakhal of Dol Village Panchayat should be constituted as a revenue village, or should continue to be a part of Dol Village Panchayat, are all matters in the executive realm. No right of the petitioner, much less a statutory right, has been violated thereby.
In proceedings under Article 226 of the Constitution of India, this Court would not take upon itself the task of determining whether Tok Manshakhal of Dol Village Panchayat should be constituted as a revenue village or not, as these are all matters to be decided by the State Government in terms of the provisions of the Panchayati Raj Act, and other relevant laws applicable thereto. As the petitioner does not have any right to claim such a relief, no mandamus can be issued in this regard. The writ petition as filed, more so one which is styled as a public interest litigation, is wholly misconceived and is, accordingly, dismissed.
The petitioner seeks liberty to submit a representation to the authorities in this regard. It is made clear that the order now passed by us shall not disable him from doing so.