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High CourtsDivision Bench(2014) 08 AHC CK 0259

Sanjay Kumar Gupta vs State of U.P.

Allahabad High Court · Decided on 22 August 2014 · Citation: (2014) 8 ADJ 598 : (2014) 6 AWC 6181 : (2014) 4 UPLBEC 2740

HON’BLE JUDGES
Vivek Kumar Birla, J · A.P. Sahi, J
CASE NUMBER
Civil Misc. Writ Petition No. 43815 of 2014

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Judgment

6 paragraphs · 335 words

@DELETEUPPERDATA

1.

The petitioner is the Pradhan of Gram Panchayat, Walidpur, Block Mohammadabad Gohna, District - Mau. The challenge raised in this petition is to the Notification issued by the State Government in exercise of powers conferred under Article 243-Q of the Constitution declaring the area referred to therein as a transitional area and proceeding to constitute a Nagar Panchayat for the said area.

2.

The challenge raised is that this reduces the time period of the functioning of the Gram Panchayat in respect of such area which amounts to curtailment in terms of Article 243-E of the Constitution of India. It is further submitted that such an exercise has been undertaken by the State Government without there being any material as provided in Clause (2) of Article 243-Q of the Constitution. The submission in essence is that the parameter as described therein have not been taken into account nor there was any material and, as such, declaration of transitional area and the constitution of Nagar Panchayat without taking any such exercise is a nullity.

3.

Having considered the submissions raised, the allegation that has been made appears to be without any material to support the same. The petitioner, therefore, ought to have obtained such information under The Right to Information Act, 2005, from the respondents before proceeding to file a petition and raising a challenge inasmuch as the Notification clearly recites that the Notification is being issued on assessing the parameters as required under Article 243-Q.

4.

Once the Notification recites that the para meters have been taken into account then in order to dislodge the same, the petitioner has to bring on record material to demolish such presumption.

5.

Consequently, Sri Shashi Nandan, learned Senior Counsel, submits that he may be permitted to withdraw the writ petition and file a writ petition after obtaining such material that may be necessary in order to substantiate the same. The writ petition is dismissed as withdrawn with liberty to file a fresh petition as observed above.