Bhoop Singh vs State of Uttarakhand

B.S. Verma, J.—Learned Counsel for the respondent No. 3-Zila Panchayat files counter affidavit. The same is taken on record.

By means of this writ petition, the petitioner has sought a writ in the nature of mandamus directing the respondent authorities to act upon the resolution dated 20-2-2010 passed by Zila Panchayat, Haridwar, as per provision of law within a specified time period.

Counter affidavit has been filed on behalf of the respondent No. 3. In paragraph No. 7, the following averments have been made:

That in reply to the contents of paragraph Nos. 14, 15, and 16 of the writ petition it is submitted that it was not possible for the answering respondent No. 3 to act on the said proposal/resolution as the said resolution was passed against the Government Order No. 6791 B/33-2-94-34B/94 dated 3rd December, 1994 which specifically provides that only 50% of the amount which remains after deducting salaries of the authorities and employee, establishment costs and other committed expenses may be spent from the Zila Nidhi and that too after making due provisions in the budget. It is further submitted that firstly and the expenditure for 75% of Zila Nidhi is wrong and against the provisions of the Government Order dated 3rd December 1994 and secondly any provision for the said expenditure can be made only when the budget will revised in October-November, 2010. The contrary averments made in the paragraph under reply are wrong and denied.

I have heard learned Counsel for the parties and perused the averments made in the memo of petition, the counter affidavit as well as the affidavit filed by the petitioner along with urgency application and its Annexure- SA-1, which is minutes of meeting of Zila Panchayat Haridwar dated 5-6-2010.

It is pertinent to mention here that in the meeting held by Zila Panchyat on 5-6-2010, wherein resolution No. 2 relating to utilization of budget/fund of Zila Nidhi on development works of Zila Panchyat as per Government Order No. 6791B/33-2-94-34B/94 dated 3rd December 1994 was considered.

It finds place to mention here that no decision has been so far taken by Zila Panchayat in view of the fact that the writ petition filed by a Member of Zila Panchayat Sri Bhoop Singh (petitioner) is pending for disposal.

During the course of arguments, learned Counsel for the petitioner has submitted that the prayer made in the writ petition is innocuous in nature.

It appears that the petitioner has filed the writ petition just to get the work carried out in view of resolution dated 20-2-2010 passed by the Zila Panchayat.

The resolution dated 20-2-2010 has been ratified in the meeting dated 5-6-2010. But as per averment made in paragraph 7 of the counter affidavit, the respondent No. 3 feels some difficulty in carrying out the work wholly, as mentioned in the resolution as per G.O. dated 3-12-1994, for which the resolution No. 2 was put in the meeting for reconsideration.

In the facts and circumstances of the case, it is directed that the respondent-authority shall proceed in accordance with law pursuant to the resolution expeditiously as far as possible.

With the above direction and observation, the writ petition is disposed of finally.

With the above direction, the writ petition is disposed of finally.