Sukhpal vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Petitioner is the resident of village Rampur Rajghati, Post Bhikampurijeetpur, District Haridwar. Petitioner is aggrieved by inclusion of his village in

some other Village Panchayat by District Magistrate, Haridwar vide order dated 14.10.2020.

Against the order passed by District Magistrate, petitioner filed an appeal before Commissioner Garhwal Division. His appeal has been dismissed

by Commissioner Garhwal Division by holding that he has no jurisdiction to hear such appeal. Thus, feeling aggrieved, petitioner has approached this

Court challenging the order passed by the District Magistrate as well as the Commissioner.

Mr. Pradeep Hariya, learned Standing Counsel for the State has drawn attention of this Court to the order passed by Commissioner, Garhwal

Division, wherein he has referred to a notification dated 09.06.2017 issued by State Government, whereby power of Appellate Authority has been

conferred upon Director, Panchayati Raj against the order passed by District Magistrate. Based on the said reference in the order, Mr. Pradeep

Hariya submits that since petitioner has an alternative remedy before Director, Panchayati Raj, therefore, this writ petition is not maintainable.

This Court finds substance in the submission made on behalf of the respondents/State.

Since petitioner has a remedy before the Director, Panchayati Raj, therefore, the writ petition is dismissed on the ground of alternative remedy with

liberty to petitioner to approach Director, Panchayati Raj by filing an appeal. If petitioner files an appeal within two weeks from today, decision

thereupon shall be taken by the Director, Panchayati Raj on merits within six weeks, without being influenced by the order passed by Commissioner,

Garhwal Division.