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1999 DIGILAW 876 (RAJ)

RAM SHARAN v. STATE OT RAJASTHAN

1999-07-16

J.C.VERMA, SHIVARAJ V.PATIL

body1999
Judgment V. PATIL, J. C. VERMA, J. ( 1 ) HEARD the learned Counsel for the petitioner. The petitioner is aggrieved by the proposal of re-constitution of the Panchayat concerned. In the writ petition he has sought for the direction to the respondents to revise the revenue map of Panchayat Samiti Neem Ka Thana, district Sikar and thereafter reconstitute the village Panchayats Chhaja Ka Nangal, ramsinghpura, Mothuka and Bopipa in panchayat Samiti Neem Ka Thana, District sikar as given out in para 8 of the writ petition. Alternately, he has sought for a direction that the respondents should not make any change in the existing constitution of village panchayats Chhaja Ka Nangal, Ramsinghpura and Mothuka in Panchayat Samiti Neem Ka thana, District Sikar. ( 2 ) LEARNED Counsel for the petitioner contended that the proposal of reconstitution of panchayat adversely effects the villagers of the village Haripura Tehsil Neem Ka Thana; the petitioner is interested in the welfare of the villagers of the said village and hence, he has filed this writ petition to serve the public interest of the village. ( 3 ) LEARNED Counsel for the petitioner pointed out that because of reconstitution of the Panchayats, the villagers of this village are put to a great inconvenience, hence there is need to entertain the writ petition ( 4 ) WE must say here that the petitioner has not alleged any mala fide in including or excluding the village from which he comes. Even otherwise there is no particulars or details to show any mala fide or motive in reconstitution of Panchayats effecting the villagers of haripura. If we look to the reliefs claimed in the writ petition, we get an impression that such relief cannot be granted. Whether such a panchayat could be and should be included in the Panchayat Samiti or what should be included or excluded in a Panchayat Samiti, is a matter for the Competent Authorities and not for this Court exercising jurisdiction under article 226 of the Constitution of India. ( 5 ) LEARNED Counsel for the petitioner submitted that the villagers have made representations to the Tehsildar and the Minister concerned before filing of the writ petition. It is for the authorities to take into consideration the objections of the villagers also. In this situation, we are not in a position to admit this writ petition, hence it is disposed of accordingly. It is for the authorities to take into consideration the objections of the villagers also. In this situation, we are not in a position to admit this writ petition, hence it is disposed of accordingly. Writ petition disposed of.