Naresh Chandra v. State Of U.P. & 4 Others

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