Uttarakhand High Court

SPA/521/2017 on 7 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                   2025:UHC:3598-DB
                Office Notes,
             reports, orders or
SL.            proceedings or
      Date                                             COURT'S OR JUDGE'S ORDERS
No.            directions and
              Registrar's order
              with Signatures
                                  SPA/521/2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Per: (Hon'ble Justice Sri Manoj Kumar Tiwari) There is no representation on behalf of the appellant.

Mr. Devendra Singh Bora, Standing Counsel for the State.

Mr. Ajay Singh Bisht, Advocate for respondent No. 5.

2. Appellant filed Writ Petition (M/S) No. 1869 of 2015, seeking following reliefs:

"(i) a writ order or direction in the nature of certiorari quashing the Notification published in Government Gazette dated 8.2.2014 inducting Village Bhatti Gaon in newly formed Nagar Panchayat Bearing on the basis of a forged and fictitious "No Objection Certificate" allegedly issued by the then Pradhan of Gram Panchayat Bhatti Gaon (B) and without considering and deciding the objections of the villagers of Bhatti Gaon.

(ii) a writ order or direction in the nature of mandamus commanding the respondents to exclude Gram Panchayat Bhatti Gaon from the local limit of Nagar Panchayat Bearing District Pithoragarh."

3. The writ petition was dismissed by learned Single Judge vide judgment dated 31.05.2017, by holding that inclusion or exclusion of an area in Nagar Panchayat is a policy decision of the State, moreover, no valid legal ground has been raised by the writ petitioner for challenging the Notification dated 08.02.2014.

4. Feeling aggrieved by dismissal of the writ petition, writ petitioner filed this Appeal.

5. Learned State Counsel submits that in the absence of any interim order passed in favour of the writ petitioner, either in writ petition or in Appeal, municipal 2025:UHC:3598-DB elections were held twice in Pithoragarh, therefore, the reliefs as claimed in the writ petition do not survive.

6. This Court finds substance in the said submission.

7. Even otherwise also, the view taken by learned Single Judge is correct. In the absence of any legal infirmity in the impugned notification whereby certain areas were included within municipal limits, the learned Single Judge rightly refused to interfere.

8. Thus, we do not find any reason to disturb the judgment rendered by learned Single Judge.

9. Accordingly, Special Appeal fails and is dismissed.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 07.05.2025 Mahinder/

MAHINDER SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.05.09 10:10:56 +05'30'