GRAMVASI, GRAM KHARI Vs. THE COLLECTOR
LAWS(CHH)-2014-11-6
HIGH COURT OF CHHATTISGARH
Decided on
November 24,2014
Gramvasi, Gram Khari
Appellant
VERSUS
The Collector
Respondents
Referred Judgements :-
TULSIPUR SUGAR COMPANY LIMITED VS. NOTIFIED AREA COMMITTEE TULSIPUR [REFERRED TO]SUNDARJAS KANYALAL BHATIJA PRAHALAD HIRANAND ADVANI VS. COLLECTOR THANE MAHARASHTRA:COLLECTOR THANE MAHARASHTRA [REFERRED TO]
R C POUDYAL SOMNATH POUDYAL NANDU THAPA ROOP RAJ RAI VS. UNION OF INDIA [REFERRED TO]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED TO]
M R F LIMITED VS. INSPECTOR KERALA GOVT [REFERRED TO]
STATE OF PUNJAB VS. TEJAL SINGH [REFERRED TO]
RAI VIMAL KRISHNA VS. STATE OF BIHAR [REFERRED TO]
ASHOK LANKA VS. RISHI DIXIT [REFERRED TO]
J AND K NATIONAL PANTHERS PARTY VS. UNION OF INDIA [REFERRED TO]
COMMISSIONER OF CENTRAL EXCISE NEW DELHI VS. HARI CHAND SHRI GOPAL [REFERRED TO]
STATE OF U P VS. RAKESH KUMAR KESHARI [REFERRED TO]
RAJDHAR SINGH VS. STATE OF M P [REFERRED TO]
GANESH RAM KOSHARE VS. STATE OF C G [REFERRED TO]
Pranay Gupta VS. State of M.P. [REFERRED TO]
JUDGEMENT
Prashant Kumar Mishra, J. -
(1.)THESE writ petitions have been heard on different dates, however, since all the writ petitions involve common issue and common question of law, therefore, they are being considered and decided by this common order.
(2.)IN this batch of writ petitions the petitioners have called in question the constitution/reconstitution of their respective Gram Panchayat; change of headquarters of Gram Panchayat; amalgamation or alteration of respective Panchayat area on the ground that such action/steps have been taken in contravention of the guidelines issued by the Government of Chhattisgarh, Department of Panchayat & Rural Development; notification has not been issued in the manner required under Section 125 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam') and that Rule 3 of the Chhattisgarh Panchayat (Alteration of Limits, Disestablishment or Change of Headquarters) Rules, 1994 (for short 'the Rules, 1994') have been violated.
The constitution, amalgamation, alteration and change of headquarters of a Panchayat area was earlier notified in the year 2004. On account of increase in population pursuant to publication of census figures based on 2011 census, the Panchayat Department decided to undertake fresh delimitation exercise of Panchayat areas.
(3.)A communication in this regard was issued to all the Collectors on 22 -5 -2014 mentioning that while sending proposals for issuance of notification to constitute a village under Section 3 of the Adhiniyam, the Collectors shall take into consideration the population of the village which should be at least 1000; the infrastructure available in the village; the distance of the dependent villages from the headquarter of the Gram Panchayat and the convenience of the villagers to approach the headquarter; the Patwari Halka Numbers should be same as far as possible keeping minimum distance from the headquarter, etc. On the basis of this communication, the impugned exercise has been undertaken and the notifications have been issued by the concerned Collector.
(2.)IN this batch of writ petitions the petitioners have called in question the constitution/reconstitution of their respective Gram Panchayat; change of headquarters of Gram Panchayat; amalgamation or alteration of respective Panchayat area on the ground that such action/steps have been taken in contravention of the guidelines issued by the Government of Chhattisgarh, Department of Panchayat & Rural Development; notification has not been issued in the manner required under Section 125 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam') and that Rule 3 of the Chhattisgarh Panchayat (Alteration of Limits, Disestablishment or Change of Headquarters) Rules, 1994 (for short 'the Rules, 1994') have been violated.
The constitution, amalgamation, alteration and change of headquarters of a Panchayat area was earlier notified in the year 2004. On account of increase in population pursuant to publication of census figures based on 2011 census, the Panchayat Department decided to undertake fresh delimitation exercise of Panchayat areas.
(3.)A communication in this regard was issued to all the Collectors on 22 -5 -2014 mentioning that while sending proposals for issuance of notification to constitute a village under Section 3 of the Adhiniyam, the Collectors shall take into consideration the population of the village which should be at least 1000; the infrastructure available in the village; the distance of the dependent villages from the headquarter of the Gram Panchayat and the convenience of the villagers to approach the headquarter; the Patwari Halka Numbers should be same as far as possible keeping minimum distance from the headquarter, etc. On the basis of this communication, the impugned exercise has been undertaken and the notifications have been issued by the concerned Collector.
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