Court No. - 21
Case :- WRIT - C No. - 16202 of 2017 Petitioner :- Smt. Khemwati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Pathak,Sanjay Kumar Sharma Counsel for Respondent :- C.S.C.,Amber Khanna,Raj Kr. Khanna
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Smt. Khemwati w/o Shiv Narayan is before this Court assailing the validity of the notification dated 2.1.2017, Annexure 8 to the writ petition, wherein the State Government has proceeded to turn down the objections so preferred on behalf of the petitioner and others in respect of declaration of Gram Panchayat Pakbada as Nagar Panchayat Pakbada, District Moradabad.
Petitioner has been discharging her duties as Gram Pradhan of Gram Panchayat Pakbada, District Moradabad and during continuance of her term as Gram Pradhan the State Government has issued notification under the provisions of Section 3 of U.P. Nagar Palika Act, 1916 read with Article 243-Q of the Constitution of India for declaring Gram Panchayat Pakbada as Nagar Panchayat Pakbada, District Moradabad and objections have been invited in this regard vide notification dated 24.5.2016. Thereafter, petitioner, in her turn, alongwith the others has preferred objections and the said objections have been turned down by the State Government and such an action has impelled the petitioner to be before this Court.
Sri Jagdish Pathak, Advocate, contended before this Court that the objections in question have not at all been decided in its correct perspective and, accordingly, this Court should intervene in the matter.
Learned Standing Counsel, on the other hand, has contended that valid reasons have been given at the point of time when the objections have been turned down, as such, no interference is required by this Court and writ petition is liable to be dismissed.
We have proceeded to examine the arguments, that have been so advanced, and what we find, in the present case, is that the State Government is fully empowered under Section 3 of U.P. Nagar Palika Act, 1916 read with Article 243-Q of the Constitution of India for declaring Gram Panchayat as Nagar Panchayat and in this direction requisite exercise has been undertaken and the objections in question have been overruled by giving reasons as to why the said objections are not sustainable. The State Government, at the said point of time, when it proceeded to consider the objections has clearly proceeded to take note of the fact that large scale development activity would be on keeping in view the population of the Gram Panchayat Pakbada and the infrastructure that is surrounding the same.
Once such is the factual situation, then there is no infirmity in the action, so taken, and writ petition is dismissed, accordingly.
Order Date :- 18.4.2017 Shekhar