WPMS/83/2022
2022 Latest Caselaw 112 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 12TH DAY OF JANUARY, 2022
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Wrtit Petition (M/S) No. 83 of 2022
BETWEEN:

Smt. Abdul Rahman & others                      ... Petitioner
     (By Mr. Ghanshyam Joshi, Advocate)

AND:

State of Uttarakhand & others           ... Respondents

     (By Mr. G.S. Negi, learned Additional C.S.C. for the State
     of Uttarakhand)


                        JUDGMENT

1. According to the petitioners, Pradhan of Gram Panchayat Sarovar Nagar, Block Gadarpur, District Udham Singh Nagar is proposing to construct panchayat building at a new place. According to the petitioners, old panchayat building was demolished with a view to reconstruct panchayat building at the same place, and if panchayat building is constructed at a new place, it will cause inconvenience to the villagers.

2. Suitability of a particular location for construction of panchayat building cannot be gone into by this Court in writ proceedings, therefore, the relief, as claimed, cannot be granted.

3. However, having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioners to approach District

Panchayat Officer, Udham Singh Nagar by making a representation. If petitioners make such representation within ten days from today, District Panchayat Officer shall look into the suitability of the proposed site of construction and pass appropriate order, as per law, within six weeks from the date of receipt of such representation. It goes without saying that before passing any order District Panchayat Officer shall hear all the stakeholders.

(Manoj Kumar Tiwari, J.) Aswal