GRAM PANCHAYAT Vs. STATE OF U P

JUDGEMENT

(1.) The Gram Panchayats Basta Raipur; Khadar, Tehsil Chandpur; Rasoolpur; Rehar; Jai Singh Jot; Kotwali; Basantpur; Gohawar, and Gohawar Hallu, District Bijnor have filed these writ petitions, for quashing a letter dated 17.1.2004, issued by Chief Development Officer, Bijnor to Sub Divisional Magistrate, Chandpur directing him, that, except, for Village Kasampur Garhi and Seervasu Chand, the Tehbazari, shall be collected by the contractors of Zila Panchayat, Bijnor in accordance with the bye-laws, and for a writ of mandamus directing the respondents not to interfere with their right to collect the Tehbazari from the markets situate in their territorial limits.

(2.) We have heard learned counsel for the parties.

(3.) The dispute in these writ petitions is between the petitioner Gram Panchayats and the Zila Panchayat, Bijnor for collection of Tehbazari. In Writ Petition No. 15251/2002, filed by Gram Panchayat Kasampur Garhi and Gram Panchayat Seervasu Chand, Tehsil Dhampur, District Bijnor, this Court by its judgment dated 18.4.2002, directed the State Government to decide the petitioner's representation. The State Government by its order dated 5.5.2003 (Annexure-1 to Writ Petition No. 5382/2004), held that the markets had vested in the Gram Panchayats under Section 117, of the U.P. Zamindari Abolition and Land Reforms Act, 1950, and hence the Gram Panchayats have a right to manage and develop the markets and to realise Tehbazari.