WPMS/1967/2020
2021 Latest Caselaw 2302 UK

 IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
           ON THE 8TH DAY OF JULY, 2021
                              BEFORE:
  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 2074 of 2020


BETWEEN:
   Bijendra Kumar & others                          .......Petitioners
   (By Mr. Birendra Singh Adhikari, Advocate)


AND:
   State of Uttarakhand & others                    .....Respondents
   (By Mr. S.N. Babulkar, Advocate General with Mr. M.C. Pandey, Additional
   Advocate General for the State of Uttarakhand)

                                  With

        Writ Petition (M/S) No. 1962 of 2020


BETWEEN:
   Sheeshpal                                         .......Petitioner
   (By Mr. Parikshit Saini, Advocate)


AND:
   State of Uttarakhand & others                    .....Respondents
   (By Mr. S.N. Babulkar, Advocate General with Mr. M.C. Pandey, Additional
   Advocate General for the State of Uttarakhand)

                                  With

        Writ Petition (M/S) No. 1967 of 2020


BETWEEN:
   Anees                                             .......Petitioner
   (By Mr. Parikshit Saini, Advocate)


AND:
   State of Uttarakhand & others                    .....Respondents
   (By Mr. S.N. Babulkar, Advocate General with Mr. M.C. Pandey, Additional
   Advocate General for the State of Uttarakhand)
                                    2

                                With

        Writ Petition (M/S) No. 2158 of 2020

BETWEEN:
   Mohd. Ahtesham Ali                                .......Petitioner

AND:
   State of Uttarakhand & others                    .....Respondents
                                With

        Writ Petition (M/S) No. 2159 of 2020

BETWEEN:
   Mahabeer Singh                                    .......Petitioner

AND:
   State of Uttarakhand & others                    .....Respondents
                                With

        Writ Petition (M/S) No. 2165 of 2020


BETWEEN:
   Danish                                             .......Petitioner
   (By Mr. Arvind Kumar Sharma, Advocate)


AND:
   Secretary Prabhari Panchayati
   Raj Uttarakhand & others                         .....Respondents
   (By Mr. S.N. Babulkar, Advocate General with Mr. M.C. Pandey, Additional
   Advocate General for the State of Uttarakhand)


                                With

         Writ Petition (M/S) No. 694 of 2021


BETWEEN:
   Sri Dharamraj Singh                               .......Petitioner
   (By Mr. Nikhil Singhal)

AND:
   State of Uttarakhand & others                    .....Respondents
   (By Mr. S.N. Babulkar, Advocate General with Mr. M.C. Pandey, Additional
   Advocate General for the State of Uttarakhand)
                                3




                      JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 2074 of 2020 are being considered.

3. In these bunch of writ petitions, petitioners have challenged the de-limitation of Gram Panchayats made by District Magistrate, Haridwar on 31.07.2020. In some writ petitions, the order of re-constitution of Gram Sabhas has also been challenged.

4. The reliefs claimed in Writ Petition (M/S) No. 2074 of 2020 are reproduced below:-

"i. issue a writ or order in the nature of certiorari to quash the impugned Office order dated 31-7-

to this writ petition)

ii. issue a writ or order in the nature of certiorari to quash the Final Delimitation List/notification dated 14.10.2020 issued by Committee as constituted by Office order dated 31-7-2020 (Annexure No. 4 to this writ petition).

iii) to issue any other writ order or direction in the nature of mandamus directing the State Government to conduct the exercise as per the Provisions of Section 4 de novo for delimitation of Panchayat in respect of District Haridwar."

5. Learned counsel for the petitioners submit that, in view of the recent developments, they do not want to press the relief as claimed in the writ

petitions and petitioners would be satisfied if the writ petitions are disposed of with liberty to petitioners to approach the Secretary, Panchayati Raj, Government of Uttarakhand, Dehradun by making representation(s), who may be directed to take decision on such representation(s) within some specified time.

6. Learned Advocate General appearing for the State submits that he has no objection if the writ petitions are disposed of in the aforesaid terms.

7. Accordingly, the writ petitions are disposed of with liberty to petitioner(s) to approach the Secretary, Panchayati Raj, Government of Uttarakhand, Dehradun by making representation(s). If such representation(s) is made by the petitioner(s) within ten days from today, decision thereupon shall be taken, as early as possible; but, not later than four weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Navin