WPMS/721/2021
2023 Latest Caselaw 632 UK

                   Office Notes,
                      reports,
                     orders or
                   proceedings
SL.
        Date       or directions                        COURT'S OR JUDGES'S ORDERS
No
                        and
                    Registrar's
                    order with
                    Signatures
      15.03.2023
                                   WPMS No. 721 of 2021
                                   Hon'ble Vipin Sanghi, C.J.
                                   Hon'ble Alok Kumar Verma, J.

Mr. Shobhit Saharia, learned counsel for the petitioners.

Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand.

This writ petition has been preferred by the Zila

Panchayat, Champawat, through its Chairman.

Smt. Jyoti Rai is presently the Chairman of the said

Zila Panchayat.

The issue raised by the petitioners in the

present writ petition is with regard to the

appropriation of the revenue generated at the

annual Purnagiri Fair, which is conducted within the

territorial jurisdiction of the petitioner-Zila

Panchayat.

The case of the petitioner is that earlier the

revenues, which were generated, and the expenses

which were made in relation to the said fair, were

being managed by the petitioner-Zila Panchayat. However, after the judgment of this Court in WPPIL

No. 12 of 2010 dated 12.04.2010, from the year

2012 onwards, the holding of the said annual fair

was taken over by the district administration, and

since then, the petitioner-Zila Panchayat is having

no role to play in the matter of collection of

revenue, and in making of expenditure for the said

fair.

The petitioner is a constitutionally constituted

body. It is an instrumentality of the State. The

respondents are also the functionaries of the State.

In this view of the matter, we are of the

considered view that the Secretary, Department

Panchayat Raj, Secretariat, Dehradun should hold a

meeting with the representatives of the petitioner-

Zila Panchayat, as well as with the District

Magistrate, District Champawat, and after hearing

all concerned, should resolve the dispute taken

note of hereinabove in a fair and just manner, so

that the interest of the petitioner-Zila Panchayat, as

well as the administration of the State is

comprehensively addressed.

The roles and responsibilities of the different

State functionaries in the matter of holding of the

Purnagiri fair, as well as the source of revenue;

their distribution; and, making of the expenditure

should be clearly decided once and for all.

Let the meeting be called by the Secretary,

Department, Panchayati Raj, Secretariat, Dehradun

in terms of this order within the next two weeks.

To await development in the matter, list on

07.08.2023.

    (Alok Kumar Verma, J)      (Vipin Sanghi, CJ)

          15.03.2023             15.03.2023

Rathour