Buddha Ram And Ors vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioners seeking the following reliefs:-

"(i) by an appropriate writ, order or direction, the impugned notifications dated 15.11.2019 (Annex.7) and subsequent notification dated 01.12.2019 (Annex.9) issued by the respondent Special Secretary to the Govt. & Director, Department of Panchayati Raj, Jaipur to the extent of not including the village Lanera, Panchayat Samiti, District Pali may kindly be directed illegal, unjustified, arbitrary and against the legal and statutory provisions of law as well as guidelines issued by the State Govt. and the same be quashed and set aside.

(ii) The respondent- State may kindly be directed to declare village Lanera, Panchayat Samiti, District Pali may kindly be declared as new Gram Panchayat.

(iii) Any other writ, order or direction which this Hon'ble Court may deems just and proper in the facts and circumstances of the case, in favour of the humble petitioners.

(iv) Cost of the petition may kindly be awarded in favour of the humble petitioners."

Submissions have been made that all the requirements of the guidelines have been fulfilled for creation of Panchayat Samiti Lanera in District Pali. However, the respondents have not done the needful despite the recommendations made in this regard and, therefore, the respondents be directed to do the needful.

Learned counsel for the respondent - State made submissions that the guidelines are directive only and cannot be enforced. Reliance has been placed on 1988 (4) SCC 831 : J.R. Raghupathy & Ors. v. State of A.P. & Ors. It is prayed that petition deserves to be dismissed.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

The petition essentially is based on the fact that the efforts were made for the purpose of creating the Gram Panchayat, however, the State in its wisdom has issued the Notification dated 15.11.2019, wherein, the prayer as made has not been granted.

Issuance of the Notification creating Gram Panchayat is essentially within the domain of the State and the guidelines and/or violation thereof alone, cannot be made subject matter of a writ petition so as to seek direction from this Court to the respondents to act in a particular manner.

In view thereof, no case for interference is made out. There is no substance in the writ petition, the same is, therefore, dismissed.