Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 7328 of 2015
Petitioner :- Naresh Chandra
Respondent :- State Of U.P. & 4 Others
Counsel for Petitioner :- Nisheeth Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Suneet Kumar,J.
The petitioner seeks a mandamus to the first respondent to issue a
notification to the effect that village Machhariya be declared as Gram
Panchayat. A government order has been issued on 16 August 2014 for
regulating such cases having due regard to the provisions of Section 11-F of
the U.P. Panchayat Raj Act 1947.
In State of U.P. and others vs. Pradhan Sangh Kshettra Samiti and
others1, AIR 1995 SC 1512, the Supreme Court observed as follows:
“...It is for the Government to decide in what manner the panchayat
areas and the constituencies in each panchayat area will be delimited. It
is not for the Court to dictate the manner in which the same would be
done. So long as the panchayat areas and the constituencies are
delimited in conformity with the constitutional provisions or without
committing a breach thereof, the Courts cannot interfere with the
same...”
In this view of the matter, it would not be either appropriate or proper
for the Court to issue a mandamus as sought since it is for the Government to
take an appropriate decision in accordance with law.
The petition is, accordingly, dismissed. However, it would be open to
the petitioner to pursue his application.
There shall be no order as to costs.
Order Date :- 6.2.2015 (Dr.D.Y.Chandrachud,C.J.)
RK
(Suneet Kumar,J.)
1 AIR 1995 SC 1512, paragraph 11, p. 1527
Neutral Citation No. - 2015:AHC:17653-DB