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2025 DAILYLAW 101584 (ALL)

GHURAHU PRASAD AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WPIL/3054/2025 · 2025-09-25

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3054 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition has been filed by the petitioners seeking a direction to the respondents to take appropriate action regarding creation of a separate Gram Panchayat of revenue village Barwas, Block Paniyara, Tehsil Sadar, District Maharajganj. 2. Various submissions have been made seeking to indicate that being part of the existing Gram Panchayat, it is creating day-to-day difficulties to the villagers and therefore, a separate Gram Panchayat be created. 3. A perusal of the petition indicates that representations have been made to the District Collector and the Vikas Adhikari in this regard which are absolutely cursory, besides the fact that under the Panchayat Raj Act, 1947, the jurisdiction for declaration of panchayat area lies with the State Government and therefore, the representations made to the District Collector and/or Vikas Adhikari are totally misplaced. 4. Consequently, filing of a petition after making representations to the inconsequential authorities cannot be countenanced. The petitioners may approach the competent authority i.e. the State Government by way of an exhaustive representation taking all the grounds as raised in the present petition along with requisite material. 5. It is expected of the State to look into the grievance of the petitioners and pass appropriate orders in accordance with law. Versus Counsel for Petitioner(s) : Chandra Prakash Awasthi, Harish Kumar Tripathi Counsel for Respondent(s) : Seema Agarwal (S.C.), Sudhir Bharti Ghurahu Prasad and another .....Petitioner(s) State of U.P. and 5 others .....Respondent(s) 6. With the above observations, the petition stands disposed of. September 26, 2025 AHA/AKShukla WPIL No. 3054 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad