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Allahabad High Court · body

2017 DIGILAW 1099 (ALL)

ATUL KUMAR DUBEY v. STATE OF U. P.

2017-04-25

A.P.SAHI, SANJAY HARKAULI

body2017
JUDGMENT By the Court.—Heard learned counsel for the petitioners and the learned standing counsel for the respondent State. 2. This writ petition prays for a direction to the State to conclude the proceedings for the inclusion of the area of two revenue villages Majhara Pipar Ahatmali and Katri Pipar Kheda, Tehsil Sadar, district Unnao within the Nagar Palika Parishad Ganga Ghat. 3. This is therefore, an exercise of extension of limits of Nagar Palika Parishad in terms of the provisions of the U.P. Municipalities Act, 1916 read with Chapter IX of the Constitution of India. The guidelines that have been framed for the same are through relevant Government orders under which the exercise was undertaken and objections were invited after issuing a preliminary notification. The objections were disposed of whereafter a final notification was to be issued. Since the Local Assembly Elections were announced and the Code of Conduct had been pressed into service therefore, the said exercise was kept in abeyance. 4. The objections were disposed of whereafter a final notification was to be issued. Since the Local Assembly Elections were announced and the Code of Conduct had been pressed into service therefore, the said exercise was kept in abeyance. 4. The communication that has been received by the learned standing counsel dated 21st April, 2017 has been placed before the Court and is extracted hereinunder: ^^dksVZdsl@rRdky la[;k&50@9&6&17 izs"kd] fcgkjh yky dkus] vuq lfpo] mRrj izns'k 'kkluA lsok esa] eq[; LFkk;h vf/koDrk] ek- mPp U;k;ky;] y[kuÅ] csap y[kuÅA uxj fodkl y[kuÅ% fnukad 21 vuqHkkx&6 vizSy] 2017 fo"k;% ek- mPp U;k;ky;] y[kuÅ esa ;ksftr fjV ;kfpdk la[;k&8409 ¼,eŒchŒ½@2017 vrqy dqekj nqcs cuke mRrj izns'k jkT; ,oa vU; ds lEcU/k esaA egksn;] mi;qZDr fo"k;d fjV ;kfpdk esa ;kph }kjk uxj ikfydk ifj"kn] xaxk?kkV mUuko dh lhek foLrkj dh vafre vf/klwpuk izdkf'kr fd;s tkus dk vuqjks/k fd;k x;k gSA bl lEcU/k esa eq>s ;g dgus dk funs'k gqvk gS fd ftykfèkdkjh] mUuko ds i= fnukad 02-03-2015 }kjk tuin mUuko dh uxj ikfydk ifj"kn] xaxk?kkV esa dqy 13 xzkeksa dks lfEefyr dj lhek foLrkj fd;s tkus dk izLrko miyC/k djk;k x;k FkkA mDr izLrko ds vk/kkj ij lhek foLrkj fo"k;d vufUre vf/klwpuk la[;k&136 ¼1½@ukS&6& 2016&11lh-fo-@2014 fnukad 15-01-2016 fuxZr djrs gq, vkifRr;kWa ,oa lq>ko vkeaf=r fd;k x;k FkkA mDr vufUre vf/klwpuk dks tuin ds egRoiw.kZ lekpkj i=ksa esa izdkf'kr djk;k x;k FkkA vufUre vf/klwpuk ij izkIr vkifRr;ksa ij ftykf/kdkjh] mUuko dh vk[;k ds vk/kkj ij vkns'k la[;k&2090@ukS&6& 2016&11 lh- fo-@14 fnukad 24-11-2016 }kjk vkifRr;ksa dk fuLrkj.k fd;k x;k FkkA vkifRr;ksa ds fuLrkj.k ds mijkUr vafre vfèklwpuk ds vkys[k dks fo/kk;h foHkkx }kjk fo/khf{kr djrs gq, fnukad 28-12-2016 dks i=koyh uxj fodkl foHkkx dks izsf"kr dh x;hA Hkk"kk foHkkx }kjk vaxzsth vf/klwpuk dk fgUnh vuqokj dj mls fo/khf{kr djrs gq, i=koyh fnukad 04-01-2017 dks foHkkx okil dh x;hA mYys[kuh; gS fd fnukad 04-01-2017 dks foèkku lHkk ds pquko ?kksf"kr gksus ds dkj.k vkn'kZ pquko vkpkj lafgrk izHkkoh gks x;h] ftlds dkj.k vxzsrj dk;Zokgh ugha dh tk ldhA pquko ds i'pkr~ ljdkj ds xBu ds mijkar LFkkuh; fudk; ds pquko dh izfdz;k izkjEHk gks x;h vkSj orZeku esa okMksZ ds ifjlheu rFkk jSfiM losZ dk dk;Z xfreku gSA bl dkj.k ls uxj ikfydk ifj"kn] mUuko dh lhek foLrkj dk izdj.k LFkkuh; fudk; ds pquko ds mijkar ek- eaf= e.My ds le{k fu.kZ; gsrq j[kk tk;sxk vkSj fu.kZ; ds mijkar foLrkj dh vafer vfèklwpuk fuxZr dh tk ldsxhA 2- d`i;k mDr fLFkfr ls ek- U;k;ky; dks voxr djkus dk d"V djsaA Hkonh;] viBuh; ¼fcgkjh yky dkus½ vuq lfpoA^^ 5. A perusal of the same demonstrates that on account of the pending Assembly Elections the matter has been postponed. However, the said communication further recites that on account of the coming Municipal Elections for which the work of rapid surveys and delimitation of wards has been undertaken, therefore the same would require more time and it is only after the Municipal Elections that the matter shall be placed before the Cabinet for consideration. 6. We have considered the aforesaid submissions raised and we do not find any reason for any delay for the final notification being issued once the entire basic exercise of the objections having been decided is concluded. The question of increasing the area and jurisdiction of a Nagar Palika Parishad that too, even in relation to just two revenue villages existing Nagar Palika Parishad therefore cannot be an impediment in the holding of Municipal Elections throughout the State of Uttar Pradesh. The declaration or otherwise of an area to be included within the limits of the Nagar Palika Parishad would be in aid of rapid surveys and the exercise of delimitation. The reason therefore disclosed in the communication dated 21st April, 2017 cannot be treated to be valid for any such impediment so as to keep this matter pending. 7. However, since the matter has to be placed before the Cabinet and the entire basic and fundamental exercise has already been done, we find that there is no reason as to why this should not be placed for consideration. As noted above, the preliminary notification was issued whereafter objections have been entertained and disposed of. Thus, it is only the final notification which has to be issued for which the matter has to be placed before the Cabinet for consideration. 8. We therefore dispose of the writ petition with a direction to the respondent No. 1 and 2 to place the same for consideration before the appropriate authority and the State Government shall take a decision expeditiously upon a certified copy being placed before the respondent No. 1. 9. The writ petition is disposed of with the said directions.