Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and Sri H.P.Srivastava, learned additional chief standing counsel for the State through video conferencing.
The expansion of area of operation of nagar panchayat is provided to be proposed either through a resolution of the nagar panchayat or on the basis of a recommendation made by the district magistrate as per clause 2 (12) of the government order dated 31.01.2015 as amended by government order dated 23.11.2020. In the present case, a resolution for expansion of area was passed by the nagar panchayat on 23.9.2020. The matter has been forwarded to the state government on 24.02.2021 alongwith the requisite details.
The matter is pending consideration at the end of the state.
Learned counsel for the petitioner has submitted that once the requisite formalities for expansion of the area of operation have duly been met with and the matter forwarded to the state government, there is no reason as to why the same may not be considered in accordance with law.
Learned additional chief standing counsel appearing for the State has not raised any serious objection as to why such a proposal if duly forwarded as per law may not be considered by the state government.
Without expressing any opinion on the merits of the case, we hereby direct the opp.party no.1 to consider the proposal forwarded by the petitioner for expansion of the area of its operation. It is expected that the necessary decision as per the standing orders or law applicable in this behalf may be taken expeditiously and preferably within a period of three months from the date a certified copy of this order along with requisite papers are presented before the opp.party no.1.
The writ petition is accordingly disposed of.
Order Date :- 16.4.2021/Shahnaz