Mumtaz Ali vs State of Uttarakhand and Others

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

Counter affidavit and rejoinder affidavit between the parties have already been exchanged.

Learned Counsel for both the parties have agreed that this writ petition may be disposed of finally at the admission stage.

By means this writ petition, the petitioner has sought the following relief:

I. A writ or order in the nature of certiorari quashing the final decision dated 15-05-2010 (Annexure No. 4) taken by the committee whereby the village Panchayat Doodhaladayalwala is delimitated as published on 15-5-2010 being the final publication of final decision for Gram Panchayat and final publication dated 10-6-2010 (Annexure No. 7) being final publication regarding Kshetra Panchayat and Zila Panchayat.

II. To pass a suitable writ, order or direction in favour of petitioner which this Hon''ble Court may deem fit and proper in the circumstances of the present case.

III. Award the cost of the petition to the petitioner.

Briefly stated, the facts giving rise to the present writ petition, according to the petitioner, are that as per Notification dated 6-4-2010, the process for delimitation of village Panchayats within the district Haridwar was initiated. Dates have been notified for different purposes including date of receiving list of revenue village for delimitation, date and time to submit the proposal, date and time of scrutiny and preparation of proposals, date and time of filing/receiving objections and publications, disposal of objections and publication of final proposals as mentioned in paragraph No. 5 of the memo of writ petition.

The grievance of the petitioner is that so far as the Gram Panchayat Doodhaladayalwala, Block Bahadarabad, district Haridwar is concerned, no proposal was made prior to the date fixed in the Notification, i.e. from 18th to 24th April 2010. Since no proposal for delimition of the village Panchayat was made by any person, the village Panchayat has not been notified in the tentative list for delimitation for inviting objections.

The above fact has also been admitted by the respondents in paragraph No. 9 of their counter affidavit.

A perusal of the record shows that when objections were being considered pertaining to other village Panchayats, Smt. Deoki Pradhan of village Doodhaladayalwala and Devendra Singh son of Lal Singh moved an application before District Development Officer Haridwar to separate those villages from the village Panchayat, which are situated far away from Gram Panchayat Doodhaladayalwala and the villages adjacent to village Panchayat Doodhaladayalwala be included in that Gram Panchayat.

It further appears that Sri Devendra Singh also moved an application before Tehsildar Haridwar on 3-7-2010 with the same prayer. It also appears that the Block Development Officer Bahadarabad and Assistant Development Officer (Panchyat) Bahadarabad submitted their joint report to the Committee.

By a perusal of the final decision of the committee (Annexure-4 to the writ petition),which is impugned in this writ petition, it is obvious that the committee by exercising its discretion took a decision to include village Nalowala and Tapadowali with Gram Panchayat Gaindikhata and Gram Panchayat Doodhaladayalwala having a population of 915 persons be continued as Village Panchayat in special circumstances.

Admittedly the petitioner is an Ex-Pradhan of village Doodhaladayalwala. The only grievance raised in the writ petition is that no proposal was made for delimitation pursuant to the Notification dated 6-4-2010 (Annexure-1 to the writ petition) within the time schedule mentioned in the Notification and the village Panchayat was not included in the tentative list to file objection against the proposal to hear the villagers of the concerned Panchayat.

I have heard learned Counsel for the parties and perused the material on record including the averments made in the memo of petition, the counter affidavit and rejoinder affidavit.

This fact is not dispused that prior to the date fixed in the Notification, no proposal was made by any person of the village Panchayat between 18th and 24th April 2010. It is also not disputed that the village was not included in the tentative list for inviting objection for delimitation of village Panchayat Doodhaladayalwala and Devendra Singh and Smt. Deoki, Pradhan of village Doodhaladayalwala have filed objections for delimitation of village Panchayat Doodhaladayalwala on the ground mentioned in the application. The application was admittedly moved in the month of July 2010, after the expiry of the date of proposal and after the date fixed for publication of tentative list. The Block Development Officer Bahadarabad and Assistant Development Officer (Panchayat) did not recommend for delimitation of the village Panchayat on the ground that if delimitation is made, the population of the village Panchayat Doodhaladayalwala would be 915.

Despite the above facts, the Committee took a decision for delimitation without hearing the objections of the affected persons.

In the peculiar facts and circumstances, it emerges out that there was no proposal within time and the villages were not notified in the tentative list for calling objection and without hearing the affected persons, the Committee took a decision for delimitation of village Panchayat Doodhaladayalwala.

Since the proposal was made by Smt. Deoki and Devendra Singh after expiry of the time schedule as mentioned in the Notification dated 6-4-2010 and as no publication was made of the villages in the tentative list, therefore, it is directed that on the basis of application moved by Smt. Deoki and Devendra Singh, the Committee shall publish a tentative list for delimitation of village Panchayat Doodhaladayalwala inviting objections from the affected persons and after obtaining objections, the committee shall take a fresh decision in accordance with law after hearing all the concerned persons. It is further directed that the tentative publication for inviting objection be notified within a period of four weeks from the date of production of certified copy of this order and thereafter within a period of four weeks, objections be disposed of and final decision be taken in the matter afresh. The earlier decision of the Committee ( Annexure-4 to the writ petition) is hereby quashed in so far as it relates to village Panchayat Doodhaladayalwala, since it was passed without being published in tentative list and without inviting objection from the concerned villagers/affected persons.

The writ petition is accordingly allowed.