WPMS/1389/2021
2021 Latest Caselaw 2573 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 23RD DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1389 of 2021
BETWEEN:

Sukhpal                                   ...Petitioner
     (By Mr. B.D. Pande, Advocate)

AND:

State of Uttarakhand & others             ...Responents

     (By Mr. Pradeep Hariya, learned Standing Counsel for the
     State of Uttarakhand and Mr. Sanjay Bhatt, learned
     counsel for respondent no. 5)

                         JUDGMENT

1. 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.

2. 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.

3. 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.

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

5. 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.

(MANOJ KUMAR TIWARI, J.) Aswal