Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the State respondents.
The petitioner is before this Court assailing the validity of the order impugned dated 06.12.2020 issued by the respondent nos.3 and 4 jointly. The request has also been made to issue direction to the District Magistrate, Moradabad to consider the objection of the petitioner afresh with regard to delimitation for constituting the Village Panchayat Nagla Salar.
Learned counsel for the petitioner submits that the petitioner is permanent resident of Village Nagla Salar, Block Kundarki, Tehsil Bilari, District Moradabad. The State Government issued a Government order dated 16.8.2014 providing guidelines for re-constitution of Village Panchayat/delimitation on the basis of Census of the year 2011 in case the population of the village was more than 1000. In the year 2015, as per Census of the year 2011, the population of Village Nagla Salar was 1105. Before the election of the Village Panchayat due in the year 2020 the State Government has started reconstitution of the Village Panchayat/delimitation and issued another Government order dated 6.11.2020, wherein the direction has been issued by the State Government to the Director, Panchayati Raj, Government of UP, Lucknow, the District Magistrate, Moradabad and other District Magistrates for delimitation and reorganization of Village Panchayat. He has placed reliance on the Census of the concerned Village, which is appended as Annexure No.5 to the writ petition (at page-45 at serial nos.71 and 72 i.e. Gram Panchayat Imaratpur Fakhruddin and Gram Panchayat Village Nagla Salar, wherein the population are given as 2175 and 1105 respectively on the basis of Census of the year 2011. He submits that in most arbitrary manner, the distance has been considered while rejecting the claim of the petitioner. For the same district this Court has considered and directed the District Magistrate, Moradabad to consider the grievance of the petitioner in the order dated 20.1.2021 passed in Writ C No.1153 of 2021 (Sualey Hasan vs. State of UP and 4 others).
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the District Magistrate, Moradabad to act upon the said Government order within ten days from the date of production of a copy of this order before him, in case there is no other impediment in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021 RKP