Kishor Rathiya And ANR. v. State Of Chhattisgarh And ORS.

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IN THE HON'BLE HIGH COURT OF CHHATTISGARH

AT BILASPUR f PETITIONERS 1.

Kishor Rathiya S/o Jagaruk Rathiya; aged about - 31 year;

Occupation - Panch ,/ Upsarpanch;

Paluram Rathiya S/o Tetku Rathiya; aged about - 49 year;

Occupation - Ex-Panch;

Both R/o Village ~ Bhuiyapalil; Post - Kukurda;

Tahsil 8L District (Revenue and Civil) - Raigarh (C.G.)

VERSUS

RESPONDENTS :

l.

State of ChHattisgarh Through : Secretary Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralay, New Raipur; District (Revenue and Civil) A Raipur (C.G.) ,r / 2.

The Collector Raigarh Tahsil 81, District (Revenue and Civil) e Rajgarh (C.G.) 3.

The Chief Eiecutive Officer, Jila Panchayat, Raigarh, Tahsil District (Revenue and Civil) -- Raigarh (C.G.)

HIGH COURT OF CHHATTISGARH : BILAsPUR w.P.(C) No.2563 of 2014 PETITIONERS Kishor Rathiya & another

Versus

RESPONDENTS State of Chhattisgarh & others Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra Present :- Shri Vivek Kumar Pandey, counsel for the petitioners. Shri S. Rathore, Dy. GA forthe State.

ORAL ORDER (Passed on this 5th day of January, 2015) Heard learned counsel for the parties.

In Gramvasi Gram Khari Gram Panchayat Dhamni & another Vs.

The Collector, Baloda Bazar & others1 and other connected matter, while dismissing the petitions concerning delimitation of Gram Panchayats, this Court has held that delimitation of Panchayats, its amalgamation/alteration or change of headquarter is a legislative function, wherein opportunity of hearing or principles of natural justice are not attracted.

It has also held that Panchayat constituencies cannot be formed with mathematical precision.

lt has also been held that such delimitation of constituencies does not have adjudicatory disposition because an individual is not affected by the decision, as the delimitation "

exercise is for the entire population of the area, therefore, interference under Article 226 of the Constitution of India is not permissible. 2.

In the present petition also the matter concerns delimitation of Gram Panchayats and formation of headquarters of the Gram Panchayats.

Thus, this writ petition is squarely covered by the decision of this Court in Gramvasi Gram Khari (supra).

3.

Accordingly, the writ petition is dismissed in terms of Gramvasi Gram Khari (supra).

A copy of the order passed in Gramvasi Gram Khari (supra) be kept in the record of this petition. Sd/- Prashant Kumar Misa hr Judge WP (C) No.1996 of 2014, order passed on 24-1 1-2014