GRAM PANCHAYAT-MAKDUMPUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari by quashing the order dated 26th May, 2015 issued by the respondent no. 2 (Annexure No.-6) so far as it relates to the delimitation of the Gram Sabha, Makhdumpur. It is further prayed to issue a writ, order or direction in the nature of mandamus by commanding the respondents not to disturb the existing position, i.e., prior to the order of the respondent no. 2 dated 26th May, 2015 of Village Panchayat Makhdumpur.

(2.) Learned senior counsel for the petitioner submitted that the authority of Gram Panchayat cannot be undermined, as was held by the Hon'ble Division Bench of Allahabad High Court in Gaon Sabha, Village Bhaunakpur, vs Chief Development Officer, Rampur and another, 1998 AllLJ 1140. Paras 9 and 10 of the decision rendered in the aforesaid case are being reproduced herein below for convenience:-

(3.) In the instant case, the villagers of village Makhdumpur held a meeting on 08.07.2015 under the chairmanship of its village pradhan. The resolution stated that injustice has been caused to village Makhdumpur by addition of revenue village Ramnagar, which has been separated from Lakhnauta. The villagers of village Ramnagar were also against inclusion of such village in Gram Sabha, Makhdumpur.